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HomeMy WebLinkAbout1977 11-01 CC MIN262 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA The regular meeting of was called to order at ROLL CALL NOVEMBER 1, 1977 the City Council of the City of National City 7:30 p.m. by Mayor Morgan. Council members present: Camacho, Dalla, Reid, Morgan. Absent: Pinson. Administrative officials present: Campbell, Gerschler, Hoffland, McCabe, McLean. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by Asst. City Manager McCabe followed with invocation by the Rev. Robert Davis, First United Methodist Church. APPROVAL OF MINUTES Moved by Camacho, seconded byReid, the minutes of the regular meeting of October 18, 1977 be approved. Carried by unanimous vote. Absent: Pinson. PRESENTATIONS AND PROCLAMATIONS - None. MAYOR'S APPOINTMENTS Mayor Morgan recommended the appointment of Councilman Reid to the Southern California Urban Resources Committee. Moved by Camacho, seconded by Dalla, in favor of the Mayor's recommendation. Carried by unanimous vote. Absent: Pinson. PUBLIC ORAL COMMUNICATIONS BUD BRIGGS, 2030 E Ave., was present and inquired when the City would clean the easement down to Sweetwater River; the City says it is in Chula Vista; the Asst. City Attorney of Chula Vista said the easement is National City's and they cannot touch it; he has been promised it would be cleaned three times. Mayor Morgan asked City Attorney McLean to look into this matter and report back to Council at the next meeting. The City Attorney advised Mr. Briggs he would be glad to meet with him to discuss the problem. Councilman Camacho introduced Mr. Robert Nelson, Manager of the Metropolitan Transit Development Board who gave a short presentation on the recent activites of the Board and where they are in relation to their goal of providing transportation for the county. Mr. Nelson showed slides of the right-of-way of the San Diego and Arizona Eastern Railroad which, if bought by the Metropolitan Transit Development Board, could be used for high speed public tranportation. Mr. Nelson also showed slides of public transportation in Canada and Europe which have been visited by the Board. Mr. Nelson asked Council to adopt a Resolution supporting MTDB's continuing work with the railroad; to apply for money and find out if they can purchase the SD&AERR. Mr. Nelson said he would return in the spring to report to the Council. Moved by Morgan, seconded by Camacho, this Resolution be adopted with a strong clause in it that there will always be freight service on these lines. Carried by unanimous vote. Absent: Pinson. 11/1/77 263 PUBLIC HEARINGS Budget HEARING on General. Revenue Sharing for fiscal year 1977-78 was held at this time. City Clerk Campbell stated the Certificate of Publication was on file. Asst. City Manager McCabe stated this is the secondrhase of the Revenue Sharing hearing; the first phase was held by the City Manager's office on October 3 of this year; under the new GRS regulations the City Council is charged with the responsibility of conducting a second public hearing to consider additional testimony prior to adopting the final budget; the staff has put together recommendations based on capital improvements programs and items that were presented at the first hearing; in addition, Council should be aware of the added items that are included tonight, one being a request from the Girls Club of National City for a commercial -size freezer in the amount of $3500.00, a request from the Community Youth Athletic Association for a van in the amount of $7796.00 to transport the various youth of the City to .athletic events, and from the Casa de Salud Seniors in the amount of $7500.00 for additional renovation of the Casa. ARNOLD PETERSON, Executive Director of the Community Development Commission of National City and Secretary of the Parking Authority, was present and introduced into the record a prepared statement (Doc. No. 60461) which outlined the items requested on behalf of the Community Development Commission. Mr. Peterson referenced Item 1 of the Summary of Proposed General Revenue Sharing Budget - 1977-78 (Document #60464))the total of which item 1 is $1,082.130. Mr. Peterson asked that Council consider a change in the Proposed Budget to include, under la, Grants to N.C. Parking Authority $807,130 and a grant to the Community Development Commission for the Senior Housing area to provide $250,000 for public works construction which has been designed and is ready to go to bid (for which the Community Development Commission does not have the funds); and also $25,000 for kitchen and dining equipment in the Seniors dining facility; in other words, a redistribution of the funds under Item 1, the same total, but a different distribution. Mr. Peterson stated they are asking for this money because the Commission has but $600,000 to do a job, which according to the engineer's estimate is believed to cost $850,000; the reason for the increase in cost is additional pipe, 72", $60,000; 1800 lineal feet of 16" water main, $50,000; lower 8" and 10" gas mains near 14th and D, $40,000; and an inflation factor, 1% per month, $108,800; this makes for the increaselcosts of $258,800. Mr. Peterson stated this work is all necessary and not luxury. BARBARA STRAHAN, 1521 E. 22nd Street, was present and spoke in support of the request by the CYAA for the van and stated she hopes Council gives it favorable consideration. IGNACIO COTA, Attorney, San Diego Legal Aid, was present and said in regard to the priorities set for the revenue sharing funds he and his clients feel there are areas which should be addressed first: they oppose purchasing lands in the Bonita area for mini -parks; they believe parks should be established where the present parks are and the community areas expanded; two areas (El Toyon and Las Palmas Parks) are used primarily by people from Paradise Hills, Lincoln Acres or San Diego; they are asking that more open spaces be placed in neighborhood areas and/Or neighborhood parks expanded; the people are asking the Rehab. Program be expanded; 32 loans have been made under this Program and only 12 have been made on the west side; they are asking that more money be put into these areas so people can fix up their houses. Mr. Cota continued they are also asking that Council consider creating low-income housing or the placing of money into housing for the elderly or handicapped as well; in the area of social services, the people are asking that the City create or expand health services, legal counseling service, recreation service programs; possibly counseling and programs for the youth would alleviate the problems of vandalism. Mr. Cota said in regard to capital expenditures, they are asking primarily for the paving of streets that are presently unpaved, and especially the chuckholes in the alleys; also that the creek behind Hoover Street be drained and that it be fully improved so that the smel.1 and related health pr-oblems. be eliminated; they 11/1/77 264 realize this will take a great deal of money but they feel the City is moving slowly in this area; as for transportation, they are asking that some type of transportation services, including busing services, be provided as well as some type of services for seniors and handicapped. Mr. Cota stated they are also asking for monies for a study of the "at -large" election system within the City to determine if all citizens have adequate representation or if a change to an individual Council district would be more equitable; they are also asking that bilingual services be expanded in the library; they are also asking that more bilingual personnel be hired in all phases and departments of the City in order to improve services and communication to a large segment of the population. Councilman Dalla said some of the comments were valid; and asked if he had looked into all of them himself. Mr. Cota said his personal experience went back to 1975; one of the problems was the proposed mini -park behind Kimball School, another was in the social services, especially health with a nurse coming out only on Mondays. Councilman Camacho stated the City looked into this with the County and hoped they would expand the health services; the County has not given any satisfaction to the City on that; the City provides the facilities and the County provides the health services; the City has never been in financial position to supply this themselves, but the county has. Mr. Cota stated the City is now in the financial position to provide it but that the funds are being funneled into other areas. Councilman Dalla stated the Casa de Salud has been allocated approxi- mately $43,000 for remodeling and enlargement; there is a request from the Casa seniors that will now be considered; the 13th Street Bridge Park was before the Council three years ago and at that time there was no support from the people on the west side on behalf of that; Kimball School Park (mini -park) is in the process of going out to bid, the City's portion of the funds is around $42,000; in terms of housing assistance, the Community Development Commission has in the neighborhood of $187,000.00 availableibr 3% loans, $113,000 or 60% of those loans have been taken out by people on the west side; as fax as the library is concerned, they have a collection of spanish books and the City belongs to the Serra Distribution system in which anyone can request and receive any book from a library within the county. Mr. Cota inquired, relative to the low cost loans, why the people had not been advised. Executive Director Peterson, Community Development Commission, said information on the loans had been printed in English and Spanish and mailed to every household on the west side. Councilman Dalla stated that it has not been possible to do everything that is wanted on the west side, but the City has made progress and has corrected some of the points Mr. Cota raised this evening. RUBEN RUBIO, 1729 Cleveland Avenue, was present and questioned the necessity of spending $1,000,000.00 for the Bonita Shopping Center; he opposes this expenditure; the money is needed to fix National Avenue and 8th Street and other areas in the City. Mr. Rubio asked if this shopping center in Bonita was going to be another gimmick for the Mayor to run for office again? Was a deal made several years ago with the May Company behind closed doors? (Jim Sothras, National & Plaza, was present and inquired about the red -curbing on Plaza Blvd. adjacent to his property). JOSE MERANO, 1203 E. 7th Street, was present and asked to be put on the mailing list to receive copies of the minutes and agendas for council meetings. Mr. Merano stated he was interested in the City library and the books that are available. Mayor Morgan suggested Mr. Merano meet with Asst. City Manager McCabe. Mr. McCabe stated he would be glad to meet with him and explain ! the breakdown of tax use. No one else spoke in this regard. Councilman Camacho stated he wanted to go on record as supporting the Community Youth Athletic Association; they have an outstanding program and should be considered in their request. Moved by Morgan, seconded by Camacho, the public hearing be closed and this be referred to staff to come back with a recommendation next weqc.....to show how we can rovi e the needs as outlined this evening. Carried by unanimous vote. Absent: Pinson. 11/1/77 265 The PUBLIC HEARING for Fourth Year Community Development Block Grant Program was held at this time. ARNOLD PETERSON, Executive Director, Community Development Commission, was present and made a brief statement of what is proposed in the 4th year Community Development Block Grant Program: The 4th program year is expected to begin in April, 1978 and run to April, 1979; the funding expected is slightly in excess of $560,000 and the funds will include, but are not limited to the following: (1) payment on principal, and interest to Montgomery Ward Properties Corporation for 2.65 acres to be resold by the Commission to a private redeveloper for 30 condominium housing units; (2) continuation of the Home Improvement Loan Program within the approved Housing Assistance Area which includes the Center City Project Area and the area locally known as the "West Side"; (3) continuation of the architectural and historical preservation effort within Kimball Square; (4) maintenance of landscape and sprinkler irrigation system within the Seniors Housing Area; (5) the further planning of A Avenue treatment between 9th Street and llth Street and of llth Street between National Avenue and A Avenue; (6) administrative, design, architectural and engineering costs of all the aforementioned; (7) the continuation of the E.J. Christman Business & Industrial Park Redevelopment Project as a "flow through" the Community Development Block Grant Program, if such flow through is,in fact,i.required by the U.S. Department of Housing and Urban Development, the Christman Project funds, as such, are not proposed to be mixed with the Community Development dock Grant Funds. DAN MURPHY, 936 A Avenue, was present and stated he is a social worker and knows of a lot of people who need low cost housing; some of the things that are happening within Center City Project are causing housing costs to increase to the point where the people with low income will no longer have a place to live within the City; he is concerned about this and wants the Council to be aware of what property needs to be developed. LUCY FLORES, 940 A Avenue, was present and stated that the residents of Brick Row are very concerned about the things they are hearing will happen to them; years ago no one paid any attention to them; all of a sudden people from the Community Development Commission and the City want to purchase the property; one of the men has been harrassing the home owners; they are very much concerned, and asked if they were going to take over their houses. Mayor Morgan requested Arnold Peterson to investigate these complaints, and assured Mrs. Flores that the City had no intention of removing anyone from their homes; there has been a misunderstanding that must be straightened out. No one else spoke in this regard. Moved by Camacho, seconded by Reid, the hearing be continued to a time and date set by the Director of the Commission November 15 . Carried by unanimous vote. Absent: Pinson. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these Resolutions be presented by title only. Carried by unanimous vote. Absent: Pinson. Resolution No. 12,513, "RESOLUTION ACCEPTING DEFERRAL OF PUBLIC IMPROVEMENTS AND LIEN AGREEMENT AND DIRECTING THE RECORDING THEREOF (Virginia H. Rodriguez - 2312 East 13th Street)." Moved by Reid, seconded by Camacho, Resolution No. 129513 be adopted. Carried by unanimous vote. Absent: Pinson. Resolution No. 12,514, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Grant Deed - A.B. Beauchamp and Arlene R. Beauchamp - Terry Lane)." Moved by Camacho, seconded by Reid, Resolution No. 12 514 be adopted. Carried by unanimous vote. Absent: Pinson. Resolution No. 12,515, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (Terry Lane)." Moved by Reid, seconded by Camacho, Resolution No. 12,515 be adopted`. Carried by unanimous vote. Absent: Pinson. 11/1/77 266 Resolution No. 12,516, "RESOLUTION DIRECTING NOTICE OF FILING OF ASSESSMENT AND TIME OF HEARING THEREON (Alley between Hoover Avenue to Coolidge Avenue and 17th Street to 18th Street, Assessment District #186)." Moved by Reid, seconded by Camacho, Resolution No. 12,516 be adopted. Carried by unanimous vote. Absent: Pinson. City Engineer Hoffland stated the owners of property affected by Res. Nos. 12,517 through 12,521 are present and wish to speak on these items: Resolution No. 12,517, "Accepting conveyance of real property (Grant Deed, John and Flora Knight, for street purposes [16th Street between "L" & "M" Avenues] Grant Deed, John and Flora Knight, for street purposes ["L" Avenue between 14th and 15th Streets])." Resolution No. 12,518, "Dedication of City owned property for public street purposes (Sixteenth Street)." Resolution No. 12,519, "Dedication of city owned property for public street purposes ("L" Avenue)." Resolution No. 12,520, "Accepting conveyance running with the land and directing the recording thereof (John and Flora Knight, "L" Avenue Northerly of 16th Street)." and, Resolution No. 12,521, "Accepting convenant running with the land and directing the recording thereof (John and Flora Knight, "M" Avenue Northerly of 16th Street)." MRS. FLORA KNIGHT, 1431 "L" Avenue, was present and stated she and her husband owned the property referred to; the agenda is in error insofar as it says Mr. & Mrs. Knight have a real estate agent; they do not have a real estate agent; she stated she told every agent that consulted with her that this property was not divided and it couldn't be sold, she was told that she was in error; they are now at the point where they've sold it to someone. Mrs. Knight stated in 1951 she and her husband bought the land in question and they asked for a 1911 Act and they were told they would be put on the list; for over 20 years they have been on the list; at this point they pay $790.68 per year on this land that they can't sell. Mrs. Knight stated as she under- stands it, as individual property owners the City could help them in a flood control and share in the cost, but if they file for a parcel map then the City is no longer able to participate and asked what is the answer to this question. City Engineer Hoffland stated he has been attempting to get a 1911 Act to improve both "M" Avenue and the drainage problem in the area; the main problem is the district would include the National School District; they have a majority of the area of the property; they can't proceed with a 1911 Act unless they give an affirmative vote; Dr. Reopelle (Supt. National School District) has indicated an interest in improving this area, however, he doesn't have a time schedule and it looks to him as though it would be sometime off in the next few years. Mr. Hoffland stated it would be difficult to improve "M" Avenue adjacent to the Knight's property without solving the drainage problem and without participation from the school district the cost could be excessive. ated he informed the Knights that if a 1911 Act Mis formed ©r. Hoffland solve th has e drainage problem, that the Knight's portion (in a rough estimate) would be 1/3 of the cost to the Knights and 2/3 to the portion across the street from them; that is without any City participation in the drain cost; normally he recommends the City pick up the cost of the design and advertising, the incidental fees that go along with a 1911 Act. Mrs. Knight stated the parcels in question were bought at separate times and they are now merged together and they will have to file a parcel map to sell one off. City Attorney McLean stated he would be happy to meet with the City Engineer and the property owners to see if there is an answer to the problem. Mrs. Knight stated she feels it is only fair that the City of National City share in the cost of the drain pipe and bringing "M" Street back into alignment. JOHN KNI was also present and stated in 1959 they tried toGHT' get the property graded to build apartments; the property on "L" Avenue is not in escrow. CHARLES SMITH, 2322 Westwood, was present and stated the house in question had been sold and was in escrow because he had bought it. 11/1/77 267 ORDINANCES FOR INTRODUCTION (first reading) Ordinance No. 11/1/77-1, "Pursuant to Land Use Code of the City of National City, California (ZC-17-77, to rezone from RM-1D5 [Multiple Family Residence -Density 5] to RM-1-D10 [Multiple Family Residence - Density 103 the property at the northwest corner of 24th Street and Newell Avenue, and the properties at 1839, 1923, and 1925 East 24th Street)." Ordinance No. 11/1/77-2, "Pursuant to Land Use Code of the City of National City, California (ZC-18-77, to rezone from ML [Manufacturing Lightj to CH [Commerical Heavyj the westerly 125 feet of the Brown Motors auto dealership and the westerly 115 feet of the City block bounded by.16th Street, National Avenue and West Avenue.)U Ordinance No. 11/1/77-3, "Pursuant to Land Use Code of the City of National City, California (ZC-20-77, to rezone from CL [Commercial Limited] to CBD-PD [Commercial Central Business District -Planned Development] the northeast corner of Euclid and Divisionj)." ORDINANCES FOR ADOPTION (second reading) Moved by Camacho, seconded by Reid, these Ordinances be resented to Council b title on l . Carried by unanimous vote. Absent: Pinson. Ordinance No. 9/20/77-1. "To add planned development combining zone to certain real properties zoned RM-1 and adopting said ordinance as an interim zoning ordinance and as an urgency ordinance. (Between "N" Avenue and Palm Avenue within 900 and 1000 blocks)." Ordinance No. 10/18/77-1. "Adopted as an interim/urgency zoning ordinance pursuant to Section 65858 of the California Government Code, to specifically limit the quantity and design of new apartment house projects on certain designated properties within the City." Moved by Dalia, seconded by Morgan, Illitt11221dinAlices be carried over one week. Carried by unanimous vote. Absent: P±nson, Ordinance No. 10/25/77-1, "Licensing the transaction and carrying on of certain businesses, trades, professions, callings and occupations for the purpose of raising municipal revenue and providing a penalty for the violation thereof." Moved by Morgan, seconded by Reid, this Ordinance filed. Councilman Reid stated he would not vote for a 150% raise in business license fees for any profession. Mayor Morgan stated this ordinance as written would ruin every doctor and lawyer in the City, MARION COOPER, owner of a business at 1238 Roosevelt Avenue, was present and stated he was Chairman of the Task Force from the Chamber of Commerce that worked on this; they put in many hours on this and stated the Councilmen should read the entire ordinance and not just the 150% increase; the ordinance is equitable; the business people pay the taxes that run the City, they bring in sales tax and filing this ordinance is in error. Mr. Cooper stated doctors and lawyers should be treated the same as other buinsessmen in the community. There was further discussion. Councilman Camacho stated there was an inequity between the businessmen and the doctors etc., who would be affected by this ordinance. Mayor Morgan stated he believes doctors and laywers should pay more money for business licenses, but he's not in favor of going into their offices and going through the records. Moved by Camacho, seconded by Dalla, the motion be amended to send back for revision. Mayor Morgan stated he will vote for the amendment to the motion, however, he will not vote for an ordinance where the City gets itself into the situation of prying into the books of business people. IDA MAE KERR, City Treasurer/Business License Collector, was present and stated there is a section in the present ordinance that allows the Business License staff to go in and check the books; they can spot-check, and they've done this for years. Mrs. Kerr stated she has run out of time as fax as printing license forms for the new year; if the City is going to revise this Ordinance, it will mean she has run out of time and she will have to use the same procedures as she did last year. Amendment to the motion carried by unanimous vote. Absent: Pinson. 11/1/77 263 NEW BUSINESS The CitylTreasurer/Finance Director's request for ratification of WARRANT REGISTER NO. 15, in the amount of $103,928.42 (Warrant Nos. 59783 through 59866) and PAYROLL for the period ending 10/15/77, in the amount of $176,191.54, was presented. Moved by Camacho, seconded by Reid, these be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid, Morgan. Nays: None. Absent: Pinson. (Councilman Dalla left Council Chambers at 9:45 P.M.) A CLAIM FOR DAMAGES from Jack J. Christy was presented. Moved by Camacho, seconded by Reid, this claim be denied and referred to the City Attorney. Carried by unanimous vote. Absent: Dalla, Pinson. The Parking Authority Executive Director's request for POLICY DECISIONS regarding BONITA PLAZA REGIONAL SHOPPING CENTER (Policy decisions are now needed in connection with the Bonita Plaza Project in order that the Parking Authority can proceed with the Supplemental Environmental Impact Report for the Project. It is recommended that [1] the City Council offer to dedicate the 171/2 acres westerly and southerly of the U.S. Army Corp of Engineers approved channel to the County for Regional Park purposes; [2] that the Council offer an open space easement to the County for a term of years or in perpetuity over the 23 acres but not agree to grade, develop and maintain such 23 acres for community park purposes, except that the City may develop such park or not, at its option, in the manner of its choice, and at its own selection in point of time; [3] that the City not indemnify the County against possible flood damages upstream occasioned by the Bonita Plaza Regional Shopping Center and instead build the channel as earlier planned and approved by the County to substantially relieve or totally eliminate any such potential for flood damage occasioned by reason of the Bonita Plaza Regional Shopping Center Project, and that the City otherwise agree with this recommendation), was presented. Arnold Peterson, Executive Director, Parking Authority stated it is further recommended that these policy decisions be trans- mitted to the Board of Supervisors for action at their meeting of November 29th. Moved by Camacho, seconded by Reid, we accept the recommendations of Mr, Peterson. Carried by unanimous vote. Absent: Dalla, Pinson. (Councilman Dalla returned to Council Chambers at 9:50 P.M.) SAN DIEGO WOOD PRESERVING COMPANY'S request to RELOCATE AN EXISTING OFFICE BUILDING from 1301 W. 24th Street to 2010 Haffley Street, both sites being in National City (The applicant is presently in the process of moving his business operation to make the present location available for the proposed Atkinson Ship Repair Facility; the site plan has been approved by all appropriate departments. Staff recommends the relocation be authorized subject to the following conditions: [1] new electric service be installed; [2] facilities for the handicapped be provided as required by the U.B.C.; [3] faithful performance bond in the amount of $2,000; rick] 90-day time limit for completion of work; [5] connection to the public sewer system; and, [o] compliance with all applicable laws and ordinances) was presentedL Moved by Reid, seconded by Camacho, this be approved with the S.222MM2WAS1212sof staff. Carried by unanimous vote. Absent: Pinson. Housing's Dir. Building and /request for ALLOCATION OF FUNDS for RECERTIFICATION OF THE CITY'S HI -RANGE MOBIL AERIAL TOWER (It is recommended that funds in the amount of $7,500 be transferred from unappropriated funds to the Park Account and that a major unit overhaul be authorized without delay; and, that, on November 1, 1977, the unit be put out of service until certified as safe to operate) was presented. Moved by Camacho, seconded by Reid, in favor of the recommendation. Carried by unanimous vote. Absent: Pinson. 11/1/77 269 The Director of Public Works' recommendation to approve DEFERRAL of STREET IMPROVEMENTS and accept Covenant not to protest a 1911 Act at 2531 nil' Avenue, Font, Inc. (Improvements at this property are included in a 1911 Act petition which has more than the 60% petition necessary) was presented. Moved by Camacho, seconded by Reid, in favor of the recommendation. Carried by unanimous vote. Absent:FE7;777------ -----------,------- The Director of Public Works' recommendation to approve exemption of requirements to install street improvements at 1820 Terry Lane, Hankins (Mr. Hankins property does not have access from Terry Lane; improvements would require the removal of trees and shrubs; improvements would be better constructed as a 1911 Act rather than one lot at a time) was presented. Moved by Camacho, seconded by Reid, in favor of the ---------r-------- recommendation. Carried by unanimous vote. Absent: Pinson. ------------------ OTHER BUSINESS CITY MANAGER Asst. City Manager McCabe reported receipt of a written request from the National City Chamber of Commerce for waiver of building permit fees necessary to rebuild their offices which were destroyed by fire during October; this would amount to approximately $106.44. Moved by Camacho, seconded by Dalla, we accept this reguest and a rove it. Carried by unanimous vote. Absent: Pinson. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR Mayor Morgan asked the City Manager to keep a watchful eye on the new EMERGENCY PROGRAM of the FIRE DEPARTMENT. CITY COUNCIL Councilman Camacho reported on the sanitation problems that have occurred at the Plaza highrise apartments --an act of negligence on the part of management of the apartment complex in not cleaning up refuse. Mr. Camacho requested Council to take a stand opposing this and suggested the newspaper cover this and inform the public of what's going on at this location. PLANNING COMMISSION - NOTICES OF DECISION Planning Commission Res. No. 86-77, denying an application for Conditional Use Permit to allow a single family dwelling to exceed one -- story in height on property located at 1135 Mary Lane (CUP 1977-21) was presented. Planning Director Gerschler stated no written appeal of this case has been received. ROBERT MELODY, 517 E. J St. Chula Vista, was present and requested Council rescind the Resolution denying the Conditional Use Permit; he stated he doesn't feel he has received fair treatment from the Planning Commission; he and others are attempting to build a 1-1/2 story house which would fit the terrain of the lot. Mr. Melody continued that one of the reasons the Planning Commission denied this application was a petition that was circulated through the neighborhood opposing the building of the house; after they went through and talked to some of the people who had signed, they found that they didn't fully understand what they had signed. Planning Director Gerschler suggested Mr. Melody appeal the 11/1/77 270 decision of the Planning Commission in writing and submit it to the City Clerk who will set this application for public hearing. City Attorney McLean suggested Council not discuss the merits of the case before it is set fox public hearing. Moved by Morgan, seconded by Dalla, this be filed. MRS. SHERYL GOEBER, 1105 Mary Lane, was present and spoke against the dwelling going in, and in favor of the Planning Commission's recommendation. LOIS FLETCHER, owner of lot 859 0.D. Arnold Estates, continuous to the lot involved was present and spoke in support of the Planning Commission's recommendation against the applicant. Mayor Morgan reiterated that a decision on this matter could not be reached this evening. E. FLETCHER (husband Lois Fletcher) also spoke in support of the Planning Commission and against the applicant. Mr. Fletcher stated that the site has become an attractive nuisance due to the excavation that has taken place, without a permit; he suggests the City post signs and put up barricades to protect the site. Mayor Morgan directed City Engineer Hoffland to look into this. Motion to file carried by unanimous vote. Absent: Pinson. Moved by Camacho, seconded by Reid, the meeting be closed. Carried by unanimous vote. Absent: Pinson. The meeting closed at 10:15 P.M. CITY CLERK CIT 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 November 15,11977. DCorrections 1E/7 No cor ections 4•11111IP 0 CITY OF NATIONAL CITY, CALIFORNIA 11/1/77