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HomeMy WebLinkAbout1977 12-13 CC MIN22 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA DECEMBER 13, 1977 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, Reid, Van Deventer, Morgan. Absent: None. Administrative officials present: Campbell, Gill, Gunnarson, 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. Dale Barizo, Paradise Valley Seventh Day Adventist Church. PRESENTATIONS AND PROCLAMATIONS - None. MAYOR'S APPOINTMENTS Mayor Morgan's proposed appointment of Jim D. Beauchamp to the Advisory and Appeals Board and Eugene Flannagan to the Street Tree & Parkway Committee was presented. Moved by Camacho, seconded by Reid, in favor of the Mayor's appointments. Carried by unanimous vote. Mayor Morgan introduced Mr, Jim Beauchamp who was present. PUBLIC ORAL COMMUNICATIONS JOE KELLEY, 3740 Putter Drive, Bonita, was present and stated there has been obnoxious use of the Bonita Golf Course on weekends by motorcycles and the like; he has had to call the National City Police Department to come out to take care of it; he understands the Police have requested the area be posted "No Trespassing"' they would appreciate having this done as a detriment to improper use. Mayor Morgan stated this will be referred to the Chief of Police for action, Mayor Morgan asked City Clerk Campbell to read Item 28 (Ordinance No. 1608) on the Agenda. Moved by Camacho, seconded by Reid, this Ordinance be presented to Council by title only. Carried by unanimous vote. Ordinance No. 1608 (12/14,//? ), "AN ORDINANCE OF THE CITY OF NATIONAL CITY REGULATING THE HOURS AND USE OF THE NATIONAL CITY BOAT LAUNCHING RAMP AT 32ND STREET AND ALL CITY PARKS, PROVIDING A PENALTY FOR THE VIOLATION THEREOF, REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH AND ADOPTING SAID ORDINANCE AS AN URGENCY ORDINANCE." Moved by Camacho, seconded by Reid, Ordinance 1608 (12/1a/??-.2) be adopted. Motion carried, by the following vote, to -wit: Ayes: Camacho, Reid, Van Deventer, Morgan, Nays: Dalla. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, these Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 12,569, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING THE TRANSFER AND APPROPRIATION OF UNBUDGETED FUNDS TO SET UP AN ACCOUNT FOR INCIDENTAL EXPENSES FOR 12/13/77 23 1911 ACT STREET IMPROVEMENT ON 19TH STREET BETWEEN GRANGER AVENUE TO RACHAEL AVENUE." Moved by Camacho, seconded by Reid, Resolution No. 12,569 be adopted. Carried by unanimous vote. Resolution No. 12,570, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING THE TRANSFER AND APPROPRIATION OF UNBUDGETED FUNDS TO SET UP AN ACCOUNT FOR INCIDENTAL EXPENSES FOR 1911 ACT ALLEY IMPROVEMENTS BETWEEN 2ND TO 3RD STREETS AND "E" TO "F" AVENUES." Moved by Reid, seconded by Camacho, Resolution No. 12,570 be adopted. Carried by unanimous vote. Resolution No. 12,571, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING THE TRANSFER AND APPROPRIATION OF UNBUDGETED FUNDS TO SET UP AN ACCOUNT FOR INCIDENTAL EXPENSES FOR 1911 ACT STREET IMPROVEMENT TO HOOVER AND ROOSEVELT AVENUES BETWEEN 13TH STREET TO 21ST STREET." Moved by Camacho, seconded by Reid, Resolution No. 12,571 be adopted. Carried by unanimous vote. Resolution No. 12,572,"A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING THE TRANSFER AND APPROPRIATION OF UNBUDGET- ED FUNDS TO SET UP AN ACCOUNT FOR INCIDENTAL EXPENSES FOR 1911 ACT STREET IMPROVEMENT ON "C" AVENUE SOUTHERLY OF 27TH STREET." Moved by Reid, seconded by Van Deventer. Resolution No. 12,572 be adopted. Carried by unanimous vote. Resolution No. 12,573, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING THE TRANSFER AND APPROPRIATION OF UNBUDGETED FUNDS TO SET UP AN ACCOUNT FOR INCIDENTAL EXPENSES FOR 1911 ACT STREET IMPROVEMENT ON "I" AVENUE BETWEEN 24TH STREET TO 26TH STREET." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,573 be adopted. MRS. MCDONALD, 2424 "J" Avenue, was present and asked if the total cost for each home owner in the district had been determined? City Engineer Hoffland stated that would be presented at the hearing at 7:45. Motion carried by unanimous vote. Resolution No. 12,574, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING THE TRANSFER AND APPROPRIATION OF UNBUDGETED FUNDS TO SET UP AN ACCOUNT FOR INCIDENTAL EXPENSES FOR 1911 ACT STREET IMPROVEMENT ON "N" AVENUE AND 9TH STREET." Moved by Camacho, seconded by Reid, Resolution No. 12,574 be adopted. Carried by unanimous vote. Resolution No. 12,575, "RESOLUTION DENYING AN APPLICATION FOR CONDITIONA USE PERMIT TO ALLOW A SINGLE FAMILY DWELLING TO EXCEED ONE STORY IN HEIGHT ON PROPERTY LOCATED AT 1135 MARY LANE (Larry E. Jones)." Moved by Van Deventer, seconded by Dalla, Resolution No. 12,575 be adopted. Carried by unanimous vote. Resolution No. 12,576, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Director's Deed No. R/W 7791-2(NMT), State of California, Transportatioi Department)." Moved by Reid, seconded by Camacho, Resolution No. 12,576 be adopted. Carried by unanimous vote. Resolution No. 12,577, "RESOLUTION ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 7 (National Avenue between 8th and 12th Streets)." Moved by Reid, seconded by Camacho, Resolution No. 12,577 be adopted. Carried by unanimous vote. Resolution No. 12,578, "RESOLUTION ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 8 (National Avenue between 4th and 8th Streets)." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,578 be adopted. Carried by unanimous vote. Resolution No. 12,579, "RESOLUTION APPROVING TENTATIVE SUBDIVISION MAP ON PROPERTY LOCATED SOUTH OF 4TH STREET BETWEEN THELMA AND SHELL AVENUES (Shell Manor)." Moved by Reid, seconded by Camacho, Resolution No. 12,579 be adopted. Carried by unanimous vote. 12/13/77 24 Resolution No. 12,580, "VACATION OF PORTIONS OF 13TH, 14TH AND 12TH STREETS AND "E" AVENUE AND ALLEYS BETWEEN "D" AND "E" FROM 13TH TO 14TH STREET AND A PORTION OF THE ALLEY BETWEEN "E" AND "F" AVENUES FROM 13TH STREET TO 14TH STREET." Moved by Camacho, seconded by Reid, Resolution No. 12,580 be adopted. Carried by unanimous vote. Resolution No. 12,581, "VACATION OF PORTIONS OF 13TH STREET AND "F" AVENUE." Moved by Van Deventer, seconded by Reid, Resolution No. 12,581 be adopted. Carried by unanimous vote. Resolution No. 12,582, "VACATION OF PORTIONS OF 12TH STREET ON THE SOUTH SIDE." Moved by Reid, seconded by Camacho, Resolution No. 12,582 be adopted. Carried by unanimous vote. Resolution No. 12,583, "VACATION OF PORTIONS OF 12TH STREET ON THE NORTH SIDE." Moved by Reid, seconded by Van Deventer, Resolution No. 12,583 be adopted. Carried by unanimous vote. Resolution No. 12,584, "VACATION OF PORTIONS OF "E" AVENUE." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,584 be adopted. Carried by unanimous vote. Resolution No. 12,585, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY REAFFIRMING THE PLANNING COMMISSION'S RECOMMENDATION TO DENY THE PROPOSED REZONING OF PROPERTIES ON "C" AVENUE AND THE WEST SIDE OF "D" AVENUE BETWEEN PLAZA BOULEVARD AND 12TH STREET FROM CBD-RD (CENTRAL BUSINESS DISTRICT DEVELOPMENT) TO RS-2-RD-D-10 (SINGLE FAMILY RESIDENCE -REDEVELOPMENT DENSITY 10 [2C-19-77] ) ." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,585 be adopted. Carrie by the following vote, to -wit: Ayes: Camacho, Reid, Van Deventer, Morgan. Nays: None. Abstain: Dalla. ORDINANCES FOR INTRODUCTION (first reading) Moved by Camacho, seconded by Reid, these Ordinances for first reading be by title only. Carried by unanimous vote. Ordinance No. 12/13/77-1, "Pursuant to Land Use Code (to rezone property at 711 Palm Avenue, Assessor's Parcel No. 557-112-02 from RM-1 to CL)." ORDINANCES FOR ADOPTION (second reading) Moved by Camacho, seconded by Reid, these Ordinances for adoption be read by title only. Carried by unanimous vote. Ordinance No. 1609 (13/6//q-1), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-19-77, to rezone "A" Avenue between llth and 12th Streets from CBD-RD [Commercial Central Business District -Redevelopment] to IC-RD [Institutional Civic - Redevelopment ])." Moved by Camacho, seconded by Reid, Ordinance No. 1609 (12/4e/Zq-1) be adopted. Carried by unanimous vote. Ordinance No. 1610 (12/6/? -a), "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING THE REDEVELOPMENT PLAN AND THE FEASIBILITY OF RELOCATION FOR AMENDMENT NO. II, E.J. CHRISTMAN BUSINESS & INDUSTRIAL PARK REDEVELOPMENT PROJECT, NATIONAL CITY, CALIFORNIA." Moved by Reid, seconded by Camacho, Ordinance No. 1610 (12/e//q-2) be adopted. Carried by unanimous vote. Ordinance No. 1611 (I2/6/?q-3), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-19-77, to rezone "B" Avenue between Plaza and 12th Street [except 1107 and 1135 "B" Avenue] from CBD-RD-to RM-1-PD-RD)." Moved by Camacho, seconded by Reid, Ordinance No. 1611 (12/6/7q-3) be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Reid, Van Deventer, Morgan. Nays: None. Abstain: Dalla. 12/13/77 25 PUBLIC HEARINGS The continued HEARING to determine whether public health, safety, or welfare require formation of UNDERGROUND UTILITY DISTRICT NO. 9 between "D" and "F" Avenues and 12th and 15th Streets was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing were on file and no written protests were received. No one was present in this regard. Moved by Camacho, seconded by Reid, the hearing be closed and it be determined the public health, safety and welfare _require the formation of Underground Utility No. 9 be approved. Carried by unanimous vote. The continued HEARING on URBAN DEVELOPMENT ACTION GRANT PROGRAM pursuant to the U.S. Housing & Community Development Act of 1977 and administra- tive regulations adopted pursuant thereto was held at this time. ARNOLD PETERSON, Executive Director, Community Development Commission, was present and stated Council has the same material they had for the first hearing but added to the package was the unanimous recommendation of the Citizens Committee for Community Development made November 30th: (1) that the Council consider the Urban Development Action Grant Program outlined in the memorandum given Council November 18 and presented at the hearing held December 7, 1977; (b) that Council authorize the filing of an Application with the Secretary of the U.S. Department of Housing and Urban Development for subject proposal after the second Public Hearing to be held December 13th. Mr. Peterson stated the CDC hired a consultant, Urban Project, Inc., in Los Angeles to assist in preparing the application and they have been told the time- liness of the application is critical to the chances of obtaining the Grant; the more timely the action the greater the percentage of chance of obtaining the Grant. Mr. Peterson stated the Secretary of HUD has not yet published the list of small cities, under 50,000, that may apply for this Grant; they believe that National City will be on the list of cities that may apply; they wish to hand deliver this application tomorrow in Los Angeles; the application is prepared in draft form and it will be typed in the morning if Council approves the recommendation. Mr. Peterson stated this is essentially a redevelopment project within a redevelopment project that is Lot 14 was not funded by HUD in the Urban Renewal Project, but it's included in the project boundaries and they see a unique and unusual opportunity (under the Action Grant Program) to correct the most serious develop- ment problem in the Christman project; if the grant is obtained they could complete the Christman project in good order and good quality; without the Grant, they would continue to have problems with the site, the soils, and drainage that they've had for years; so the Grant is sorely needed in order to complete the project. Mr. Peterson stated the City's chances of obtaining the Grant, if Council acts quickly, do not exceed 20%; if Council fails to act, the chances are less than 20% because we will be competing with every other small city in the nation; it is, therefore, requested Council act quickly on this request. Mr. Peterson stated the item that needs to be changed in the estimates presented Council last week is Item a, the purchase price of Lot 14, Map 8038, the estimate should be $800,000 instead of $600,000, making the total amount of the request $1,897,000. Mr. Peterson stated a Resolution has been prepared that states adequate citizens participation on the statute and regulation and adequate public hearings in terms of notice and the number of hearings, they have sent every community organization in the city information about this matter requesting their participation and completely and fully given adequate notice both as to the citizen participation and as to the hearings with the bottom line request that Council approve the Resolution which would authorize the Mayor to file on behalf of the City the Action Grant request to the Secretary of HUD for $1,897,000.00. Mr. Peterson reiterated that this is a unique opportunity, ordinarily CDC takes much more time but 12/13/77 26 whoever applies the quickest with the action application has the best chance. No one was present in this regard. Moved by Morgan, seconded by Camacho, we close the public hetzips and authorize the Mayor to sign the papers to proceed with this application. Carried by unanimous vote. Moved by Camacho, seconded by Van Deventer, this Resolution be presentee by title only. Carried by unanimous vote. Resolution No. 12,586, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY TO FILE, ON BEHALF OF THE CITY, AN APPLICATION TO THE SECRETARY OF THE U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT FOR AN URBAN DEVELOPMENT ACTION GRANT FOR A PROJECT FOR LOT 14 AND ABUTTING AREA, MAP 8038, E.J. CHRISTMAN BUSINESS & INDUSTRIAL PARK REDEVELOPMENT PROJECT, NATIONAL CITY, CALIFORNIA IN THE AMOUNT OF $1,897,000." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,586 be adopted. Carried by unanimous vote. The HEARING on RESOLUTION OF INTENTION NO. 12,525 ("I" Avenue between 24th Street and 26th Street, ASSESSMENT DISTRICT NO. 191) was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing were on file, no written protest were received. ROBERT ONLEY, Civil Engineer Associate, was present and displayed a map outlining the boundaries of the district, between Highland Avenue, J Avenue, 24th and 26th Streets. Mr. Onley stated no protests were received. Mr. Onley said the improvements in the district consist of sewer, hook up the existing drainage, curb, gutter and grading and paving; the estimated construction cost is $25,094.22; $6,779.00 is the total estimated incidental expenses which includes $2,250 in estimated right -of -sway expenses; for a total of $31,873.22 with a City contribution of $1,070; which leaves a total estimated assessment of $30,803.22. MRS. MARCY MCDONALD, 2424 J Avenue, was present and asked at what point the project is and what could she say about it? Mayor Morgan stated if she could show 51% of the neighbors are opposed to the Act, Council will not proceed with the 1911 Act; if the majority of the people in the area want the 1911 Act, it's been the policy of the Council to approve it. Mrs. McDonald asked what brought this up all of a sudden after 3 years. Mr. Onley stated a petition was received from more than 65% of owners in the area requesting the work be done; if she wants to see the petition, she could do so in the City Clerk's office. Mrs. McDonald said she had not been contacted regarding the petition; and asked if someone bought the old Mayfair lot and needed a way to get in. Mrs. McDonald said she approached Council three years ago to get her portion of the property (79 ft.) back because at that time no one wanted to do anything about a street and her property years before had given the 79 feet for a turn -around; she didn't understand how the City years ago allowed the one person on "I" Avenue to get away with building their home right in the middle of "I"; if that hadn't been done the street would have gone right through and they would have only had to give 25 feet instead of 79; you pay property taxes to get street improvements and when they want to put this in at an outrageous price, the property owners have to pay for it. Mayor Morgan stated that when someone buys a home in a subdivision the cost of the house also includes the cost of streets, curbs etc.; but National City is an old City and they have to go to the 1911 Act. Mr. Onley stated when the church parceled the land, they expressed the desire to give to the City the street plus they would like to have it done; and when the Pimentals decided to split their property, they also expressed a desire 12/13/77 27 as did the lady who bought from the Shinns; also the people who bought the old Mayfair lot; that leaves one parcel for which the City doesn't have the right-of-way which is owned by people in Lemon Grove; what generated this thing immediately was in the past year there were four ownerships that wanted to get to the back of their property because they have parceled their land and they want to use it and the City won't let them use it unless they do something about the streets which is the normal development of the City. Mr. Onley quoted the amounts of the various assessments in the district. Mayor Morgan explained if the City condemns a piece of land for the street, whatever is paid to the owner will be added onto their assessment. Mrs. McDonald stated she gave 79 feet of her property and the other neighbors gave 25 feet; they're paying $2100 for giving 25 feet and she's paying $2100 for giving 79 feet, it doesn't make sense; she's not profiting at all from the land, she can park a vehicle back on the property now; the people that are going to profit from this are the ones that will build on the corner where Mayfair was and everyone will be parking in their backyard on the cul-de-sac; she was glad for a lot of people in the neighborhood that they're getting a street in; but it's too bad you have to pay through the nose for it; you see on your tax bill where everything is broken down, what goes for the highways, sewers, etc., and you don't really see where any of it goes; she lived there for five years and her tax bill has tripled. Mayor Morgan stated the petition is over 65%; the City has built streets by the millions of dollars; when many of the people on the Council started the streets in the City were the poorest in California so they have built these streets with 1911 Acts; and every time he has voted in favor of the majority and there is a majority in this area that are in favor of it. Councilman Dalla asked at what point in the 1911 Act proceeding do you contact the people within the district? City Attorney McLean stated when there's a petition the City doesn't. City Clerk Campbell stated when she announces the Affidavit of Mailing is on file it means that the people within the district have been notified. Moved by Morgan, seconded by Camacho, we close the public hearing and approve the assessments and continue with the 1911 Act. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Reid. The HEARING on appeal of Planning Commission DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT to allow A CHURCH on property at 1524 E. 18th Street (CUP 1977-23) was held at this time. City Clerk Campbell stated the Affidavit of Mailing and Certificate of Publication were on file. (The Planning Department statement attached to the agenda stated the applicants wish to conduct church services in an existing building that measures 15 feet in width by 28 feet in depth. Land Use within the immediate area consists of a commercial upholstery shop located immediately to the east, vacant commercial building across the alley to the west, a grocery store and small dry cleaning pick-up business across 18th Street to the north; remaining land use is single and multiple family residential; the proposed use has been the subject of zoning enforcement case file No. 77-29 since June 14, 1977 [i.e., conducting church services without a Conditional Use Permit, inadequate off-street parking and excessive noise]i the occupant [applicant] and property owner [Youth Enterprises, Inc.J were notified by certified mail of probable violation of the Land Use Code; the property owner failed to claim the letter; the occupant contacted staff and inquired as to the procedure in obtaining a Conditional Use Permit; no further action was taken by either the occupant or property owner; on September 1 the enforcement case was referred to the City Attorney to accomplish abatement; the occupant and the property owner were advised by letter from the City Attorney that if the occupants of the property do not immediately apply for a Conditional Use Permit, he shall proceed to abate the violation of the City's zoning law through both criminal and civil proceedings; a Conditional Use Permit application was filed September 28; the Planning Commission held a public hearing October 24 and denied the application; the applicant has appealed this denial.) 12/13/77 28 MRS. BEATRICE FLORES, 4005 Cherry Blossom Lane, representing the church, was present and stated the church services are over by 9:30 P.M., at the beginning when they applied for the Conditional Use Permit they misunderstood the instructions that they were to get signatures from people within a 300 foot radius of the church so her husband went to each additional house; everyone was in favor at that time of their remaining except for one family and they said they wanted nothing there to do with a church; about three weeks ago a policeman went down to the church on the noise and he said he saw no reason for the call of excessive noise; they do have people there that they are helping who have been drug addicts that they have rehabilitated; they are worldng to help keep kids off the streets and involve them in something; if they can't get a Conditional Use Permit where would these people go? JUDY TILLMAN, 1519 E. 18th Street, was present and stated she had appeared at the Planning Commission and this has been going on since approximately April of 1977 and the noise is excessive; in regard to the petition that was signed, there are several families in the area that had not signed the petition; the noise is amplified, tamborines, guitar music, chanting and the sessions go from 2-21/2 hours; after the Planning Commission hearing where the Conditional Use Permit was denied it continued with the exception of the door being closed; the lady who lives at 1527 has contacted the National City Police Department regarding the excessive noise and she had been to the police department herself and was told there is no noise ordinance that was enforceable by them, there was nothing they could do; as far as 10:00 P.M. it usually doesn't continue after that time but prior to it, it is loud, and has become a growing nuisance. REV. TRINIDAD FLORES, 4005 Cherry Blossom Lane, was present and stated the reason some people hadn't signed was because they were doing it wrong and so he stopped; but all the houses around 300 feet from the church had signed except Mrs. Tillman and the other house that belonged to her. Rev. Flores stated they hold services on Wednesday, Friday and Sunday. Councilman Camacho asked if the high amplification could be eliminated to avoid the excessive noise, since this is what bothers the neighbors. Rev. Flores stated he told the neighbors if it bothered them to let them know and they'd be glad to close the door or something. Rev. Flores stated the noise isn't really the problem, Mrs. Tillman doesn't want .a church in that location -- they'd rather have a tavern than a church. Asst. Planning Director Gerschler stated the denial of the Conditional Use Permit is based on the disturbance; in the staff report that went to the Planning Commission is the recommendation that if the permit is approved that four conditions be attached; one of those conditions had to do with providing additional off-street parking; limiting occupancy to a maximum of 50 persons; improving the drive -way which meets minimum City standards; removing existing signs which are not in conformance with the ordinance; if the permit were to be approved they recommended these conditions be attached. There was discussion. Mrs. Flores stated the church membership amounts to about 25 people, if they grew any bigger they would have to move. Vice Mayor Van Deventer asked if they would be able to afford to bring the building up to code by complying with the four conditions outlined in staff's report? Mrs. Flores stated they've done some of the things. Councilman Camacho stated the report requests improvements be done in 30 days, and asked if he could do that? Vice Mayor Van Deventer stated his concern is that the Building Department has requested that all required exits must swing in the direction of egress and restroom facilities must comply with the requirements for the handicapped; the occupant load should be limited to 50 persons and mechanical ventilation supplying 4 air changes per hour be provided; the cost seems enormous. Rev. Flores stated the owner would pay half the cost of upgrading the outside of the building but not the inside. Moved by Camacho, seconded by Reid, Mr. Flores and his congregation have the opportunity to try within 30 days to bring up this site to what would be approved by the City and close the public hearing. Motion failed, by the following vote, to -wit: Ayes: Camacho, Reid. Nays: Dalla, Van Deventer, Morgan. Vice Mayor Van Deventer stated that if there is any place in the City that would adequately serve these people, staff should work with anybody to help find a 12/13/77 29 suitable location. Moved by Dalla, seconded by Van Deventer, the public hearing be closed and the recommendation of the Planning_ Commission be_ upheld. Carried by unanimous vote. The HEARING on proposed AMENDMENTS to the National City LAND USE CODE (A-7-77) was held at this time. City Clerk Campbell stated the Certificate of Publication was on file and the Planning Commission recommends approval. (The proposed amendments, as outlined on Planning Commission's Agenda Statement states changes to Section 18 of the Municipal Code [the Land Use Code] include new definitions, corrections of typographical errors, reorganization of certain sections, deletion of inconsistent or duplicated provisions, and reinstatement of certain provisions which were repealed through the adoption of this title. The amendments are outlined in Document No. 60725, available in the City Clerk's Office.) No one was present in this regard. Moved by Camacho, seconded by Reid, the hearing be closed and the proposed amendments to the National City Land Use Code 90 according to the Planning Commission' recommendations. Carried by unanimous vote. OLD BUSINESS POP WARNER FOOTBALL LEAGUE'S request for City contribution (on December 6th the Council referred to staff a letter from Ray Gonzales requesting a donation for South Bay Pop Warner League; apparently the League has experienced some theft and vandalism during the past few months and as a result have requested a City contribution which in the past has been budgeted at $500; this year's budget contains no specific reference to Pop Warner since they made no particular request at budget time.) was presented. Moved by Dalla, seconded by Van Deventer, the City contribut $400 to the Pop Warner request. Motion carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer. Nays: Reid, Morgan. Mayor Morgan stated that the Council had intended last week to contribute $500 to the League and additional $300 this week would bring the total to $800. Moved by Morgan, seconded by Reid, we make a total donation to Pop Warner of $800. Asst. City Manager McCabe stated this is staff's recommendation and that recommendation includes the $500 that was discussed last week plus a recommended $300 additional for a total contribution of $800. Carried, by the following vote, to - wit: Ayes: Camacho, Reid, Morgan. Nays: Dalla, Van Deventer. NEW BUSINESS Director of Public Works' recommendation to APPROVE DRIVEWAY at 240 E. 29th Street, Johnson (the property owner at 240 E. 29th St. has requested approval of a driveway across a property line within 25 feet of an existing driveway) was presented. Moved by Reid, seconded by Van Deventer, in favor of the recommendation. Carried by unanimous vote. The Director of Public Works' recommendation to APPROVE DRIVEWAY at 1910 "N" Avenue, Ross (the property owner has requested approval of a driveway within 11 feet of property line; no objections are found) was presented. Moved by Camacho, seconded by Reid, in favor of the recommendation. Carried by unanimous vote. The Director of Public Works' recommendation to DENY APPLICATION FOR EXEMPTION of STREET IMPROVEMENT REQUIREMENTS at 240 E. 29th Street, Johnson (the property owner has requested exemption from requirements to construct street improvements in 29th Street based upon the following: [1] the topography of the canyon area west of existing 29th Street is rough and does not lend itself to construction of 29th Street; [2] the canyon is zoned open space, and large eucalyptus trees would have to be removed; [3] a through street is not desirable. Staff has reviewed the request and made the following findings: [1] 29th Street would be better constructed under a 1911 Act District Improvement; [2] there are canyon lots which depend on 29th Street for access; [3] 29th Street is a dedicated street and until such time as it may be vacated, street improvements must be provided for. It is recommended the request be 12/13/77 denied and approval of a 15-year deferral, provided that the property owner sign a Covenant not to protest a 1911 Act) was presented. LLOYD JOHNSON, 240 E. 29th Street, was present and stated he applied for the exemption because the topography does constitute a special case; the canyon is zoned "open sapce"; it's terrain would lead to excessive costs to put in a street; he's had estimates of from $85-1000000 just to put the street down the canyon site itself; some of the street down the hill has not been dedicated on the right-hand side. Mr. Johnson stated he applied for the exemption (he's aware there may be Parcels down at the bottom that need access, he has no objection to this) but there is no reason to put an improvement in at this time and he doesn't want the Covenant because at the time that it is put in he wants to have a voice in what would be done; he doesn't want to sign a Covenant and lose a voice in the disposition of the property. No one else spoke in this reSiard, Moved by Camacho, seconded by Reid, in favor of Mr Johnson's request. Carried, by the following vote, to -wit: Ayes: Camacho, Reid, Van Deventer, Morgan. Nays: Dalla. NATIONAL CITY LIONS CLUB'S request to serve alcoholic beverages in the Kimball Community Building on New Year's Eve (The Lions Club requests authorization to hold its annual fund raising New Years Eve Party December 31 between the hours of 9.4 A.M, and to serve alcoholic beverages. Staff recommends approval of the request subject to all rules and regulations of the City Building Rental Policy, including submittal of a certificate of insurance ($100,000 and $300,000) was presented. Moved by Camacho, seconded by Van Deventer, in favor of the request. Carried' by the following vote, to,wit; Ayes: 'Camacho, Dalla, Reid, Van Deventer, Nays: None. Abstain: Morgan, The City Treasurer/Finance Director's request for ratification of WARRANT REGISTER NO. 21, dated December 13, 1977 in the amount of $46,282.92, (WarranliNos. 60233 through 60289) and payroll for the period ending November 30, 1977 in the amount of $181,213.64 was presented. Moved by Camacho, seconded by Reid, this pe paid. Carried, by the following vote, to -wit: Ayes: Camacho, Dallas Reid, Van Deventer, Morgan, Nays: None. WRITTEN COMMUNICATIONS CITY OF CALIFORNIA CITY'S letter requesting adoption of resolution which will petition the legislature to act swiftly in restructuring specific elements of the CRIMINAL JUSTICE SYSTEM was presented. Moved by Dalla, seconded by Camacho, this be filed. Carried by unanimous vote. OTHER BUSINESS CITY MANAGER The City Manager stated the request of SWEETWATER HIGH to assist with funds for a FOOTBALL BANQUET in the amount of $500 is presented for Council action. Moved by Camacho, seconded by Reid, this be approved. DICK KNUTSON, 2210 J Avenue, was present representing the Quarterback Club, and requested approval of the request. Motion carried by unanimous vote, CITY ATTORNEY A. No report, OTHER STAFF - No report. PLANNING THE SENATE SELECT COMMITTEE HEARING regarding implementation of the COASTAL ACT OF 1976 (The Senate Select Committee on Land Use Management Organizations will conduct a hearing in San Diego on December 19th regarding implementation of the Coastal Act of 1976; they have asked for comments and suggestions on a number of items related to Coastal Act implementation, including appropriate amendments to the Act, 12/13/77 31 Staff recommended that Council instruct them to appear at the hearing to recommend an amendment to Section 30610.5 of the California Coastal Act regarding "Urban Exclusions", said amendment to add provisions for urban exclusion from the Local Coastal Plan requirements of the Act) was presented. Moved by Reid, seconded by Camacho, in favor of the recommendation. Carried by unanimous vote. MAYOR - No report. CITY COUNCIL COUNCILMAN DALLA spoke in regard to sections of the Ordinance adopted. earlier in the meeting that restrict use of the boat ramp and City parks (Ord. 1608); the time is identified as 6:00 P.M. to 10:00 A.M., there are certain times of the year when Daylight Savings Time is in effect; perhaps we are being too rigid to carry out the intent of the Ordinance, it will be daylight at 8:00 and the park would have closed two hours before. Councilman Dalla stated the point he would like clarified is it states that only those things that are taking place in the park with the consent of the Council or its designated agent ... who is the designated agent and what is the procedure for the Council to give its consent to activities in the park. Councilman Camacho stated that something has to be done because the parks are being torn up by vandals. City Manager Gill stated where there are authorized, bona. fide activities in the park such as Little League which are fine and the same thing at the boat launching ramp, only those persons engaged in activities related to the ramp or fishing activities are permitted in the facility, just to be loitering will not be permitted. Councilman Dalla stated he feels Council has taken a giant step in a very critical direction and doesn't believe Council has looked at some of the alternatives available. Moved by Camacho, seconded by Reid, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:45 P.M. (:- CITY CL CITSt 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 January 10, 1973. r-n Corrections Tri4";) cor ections CITY OF NATIONAL CITY, CALIFORNIA 12/13/77