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HomeMy WebLinkAbout1974 04-02 CC MIN115 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA April 2, 1974 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, Pinson, Reid, Morgan. Absent: None. Administrative officials present: Gerschler, Deputy City Clerk Gudmundson, Assist. City Engineer Hoffland, McLean, Osburn, Stenberg. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Osburn followed with invocation by the Rev. Peter Borda, St. Mary's Catholic Church. APPROVAL OF MINUTES Moved by Reid, seconded by Camacho, the minutes of the regular meeting of March 26, 1974 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS Deputy City Clerk Gudmundson read the Mayor's proposed proclamation, "Employers Support of Guard & Reserve Week," April 1-6. Moved by Camacho, seconded by Reid, this proclamation be adopted. Carried by unanimous vote. Mayor Morgan presented the proclamation to Lt. Col. David Gill (also known as the Honorable David Gill, Judge of the Municipal Court for the County of San Diego). ORAL COMMUNICATIONS HAROLD GORHAM, 102 Highland Ave., was present and presented a letter to each member of Council; this is a recent communication from U. S. Senator Vance Hartke, Chairman of the Surface Transportation Committee for the Senate, regarding Mr. Gorham's proposed rapid transit system. Mr. Gorham requested a hearing before Council to present his design concept and then request that a portion or all of his trip to Washington be somehow...the finances come through the City Council. DONALD JONES, 2120 Valle Vista Ave., President, National City Jaycees, was present and thanked the City and the businessmen of National City for supporting the Miss National City Contest. Mr. Jones introduced Miss National City, Carmen Perry. JESSE RAMIREZ, 421 West 16th St., was present and said not only those who live on the west side of National City but also other areas of National City are concerned about the redevelopment plan; he does want to convey at the earliest possible time before the hearings get too far along that there is a very strong protest because of certain elements of the redevelopment General Plan; they want to voice some concern over the plan phase out of the So. Bay Plaza because it is centrally located and it is accessible to many; there is a feeling of uncertainty within the people of National City as they don't know if they are going to be there from one year to the next; they don't know if there is a big apartment complex going to be built next to them. Mr. Ramirez suggested looking for a means to use some public money to help people up -grade their homes so that they can meet the standards set here; there are health standards that can't be met; there are electrical and water requirements that can't be met. There was discussion. Moved by Morgan, seconded by Reid, we authorize 4/V74 116 the City Planner to notify the people working on the General Plan to leave the west side as zoned and eliminate phasing out the church and the school (Kimball) and any development up to 16th St. be completely eliminated from the plan. Councilman Dalla said let the public hearings continue as they are scheduled and there will be a time and place to consider these things; there is a meeting of the committee tomorrow; they are going to consider all the things they have heard in the public hearings and we will be just throwing a wrench into the gears if we tell them we don't want certain elements. There was discussion. Mayor Morgan said he hasn't lost confidence in the people serving on that committee yet and thinks they do a good job; there is enough concern and people worrying about this to make a motion to authorize the Planner to notify these people that we are not going to phase out Kimball School or the church or urban develop- ment up to 16th St. Moved by Pinson, seconded by Camacho, we table this till such time as that General Plan is before this Council. Carried by the following vote, to -wit: Ayes: Camacho, Dalia, Pinson. Nays: Reid, Morgan. There was further discussion. DR. OSCAR CANEDO, 1729 Cleveland Ave., was present and said at the hearing held the other evening at the National City Jr. High School he was authorized by all the members of the Governing Board of the National School District to express their disapproval of the General Plan; the consultants have never sat with them as a Board to discuss the future of the schools here in the School District. HEARING The HEARING to consider amendment to zoning ordinance (A-16-73) to add provisions to prohibit unshielded light systems in development of automobile storage lot, or automobile, tractor, implement, boat, recreational vehicle, or trailer sales lot, or any use which in the opinion of the Planning Commission is substantially similar; and, providing a time period of one year for abatement of existing unshielded light systems was held at this time. The Planning Depart- ment transmittal stating the Planning Commission recommended adoption of an ordinance as recommended by staff with provision of a time period of 3 years for abatement of existing unshielded light systems was presented. The Certificate of Publication is on file. Planning Director Gerschler said several years ago the City Council adopted an ordinance that required that all new businesses in National City cannot and shall not have unshielded lights; the same ordinance also requires that any existing business that have unshielded lights, and this applied usually to automobile sales lots, would have to be con- verted and eliminate those unshielded lights whenever the business changed hands; a case that arose about a year and a half ago where a business changed hands and we ordered the lights repaired and they weren't; this wound up in court; as a result of the court case, the City Attorney went back to the Planning Commission and suggested that the existing ordinance needed to be strengthened or to be amended; specifically, they were concerned about the changing of the non- conforming lights as a condition of the change of business; the City Attorney advised all non -conforming lights be phased out at the same time and on the same basis, not on the arbitrary basis the ordinance used; the Planning Commission studied this and came up with a proposal, with the help of the City Attorney's office, that required all un- shielded lights in National City to be removed at the end of one year because of so many changes of ownership; this was referred to the Chamber of Commerce; the Chamber of Commerce Business & Industrial Committee and the Executive Committee acted on it to recommend that a minimum of 3 years be allowed for the removal of the "stringer" light this reflected a difference between the staff proposal of 1 year, and the Chamber of Commerce's recommendation of 3 years; the Planning Commission is going along with the Chamber and recommending the 3 year requirement be applied. JESSE RAMIREZ, 421 West 16th St., was present and said he doesn't understand why the Planning Commission did not 4/2/74 117 take the recommendation of staff rather than taking the recom- mendation of a private group. Moved by Pinson, seconded by Camacho, to close the hearing and amend the zoning ordinance (A-16-73) to prohibit unshielded light systems and that it be complied with in a one-year period. Planning Director Gerschler said the case was presented to the Planning Commission by staff; they pointed out that it was very important to allow a period of time that was at least equal to a reasonable amortization period for the value of the lights; the lawyers always tell them in nonconforming use abatement situations to always allow enough time for the fair amortization. No one was present in this regard. Carried by unanimous vote. NEW BUSINESS MAYOR MORGAN ordered Item 10 (New Business) be taken next. A letter from MRS. ANN AUSTIN and MRS. RITA HEUSS requesting the City correct errors they feel were made when ground cover was removed from bank behind their homes was presented. Mayor Morgan said they want to relocate the sprinkler system on the bank; the sprinkler system runs right next to their fence and in some cases over on their property; when the sprinklers go on automatically, it causes the fence to slide down the hill; they would like the bushes cut down so no one can hide behind them; they would like to have the ice plant put back in at least on the top half next to their fence. City Manager Osburn said he and Park Director Maley have looked at it; the only reason the bushes were put in was for a sound screen from the park itself; it was felt this would screen the noise of the park; as far as people hiding behind the bushes, there are bushes in the back yards where one could hide; he will take a look and see what can be done. MRS. ANN AUSTIN, 2105 E. 4th St., was present and said Council has her letter in this regard; there is nothing she can add. MRS. RITA HEUSS, 2121 E. 4th St., was present and said she gave Mayor Morgan a petition signed by all the property owners in the block; one of the signers, a Mr. Ralph Albright, lives at 2301 E. 4th; he is a retired planner and estimater and, if any one would like to see the fence or discuss this, he will be glad to discuss this and can do so in better technical terms than she can. Moved by Morgan, seconded by Camacho, to authorize the City Manager to check on this, bring a report to Council and put it on the agenda at a later date. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these resolutions be presented to Council by title only. Carried by unanimous vote. RESOLUTION NO. 11,451, "RESOLUTION APPROVING EXECUTION OF CONTRACT BETWEEN CITY OF NATIONAL CITY AND NATIONAL CITY JAYCEE'S." Moved by Reid, seconded by Camacho, Resolution No. 11,451 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: None. Abstaining: Dalla. RESOLUTION NO. 11,452, "RESOLUTION APPROVING EXECUTION OF AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF NATIONAL CITY AND THE CITY OF NATIONAL CITY." Moved by Pinson, seconded by Reid, Resolution No. 11,452 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,453, "RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE A PORTION OF 'F' AVENUE FROM SOUTHERLY LINE OF 13TH STREET TO THE NORTHERLY LINE OF 14TH STREET (Henry W. Taylor)." Moved by Reid, seconded by Pinson, Resolution No. 11)453 be adopted. Carried by unanimous vote. RESOLUTION NO. 11,454, "RESOLUTION ABANDONING PROPOSED IMPROVEMENT PROJECT (l7th Street, Lanoitan Avenue to Rachael Avenue, Assessment District No. 158)." Moved by Reid, seconded by Pinson, Resolution No. 11,454 be adopted. Carried by unanimous vote. 4/2/74 118 RESOLUTION NO. 11,455, "RESOLUTION IN SUPPORT OF ASSEMBLY BILL REGARD- ING SOUTH BAY COURTS." Moved by Camacho, seconded by Reid, Resolution No. 11,455 be adopted and authorize the City Attorney to call Senator Mills and prepare a resolution and send it out (amended motion). Carried by unanimous vote. RESOLUTION NO. 11,456, "RESOLUTION OF AWARD OF CONTRACT (Sweetwater Heights Park Development, Spec. No. 789)." Moved by Dalla, seconded by Reid, Resolution No. 11,456 be adopted. Carried by unanimous vote. INTRODUCTION OF ORDINANCES Moved by Camacho, seconded by Reid, these ordinances be presented to Council for first readiu by title only. Carried by unanimous vote. Ordinance No. 4/2/74-1, "An Ordinance Amending Ordinance 1052 Regu- lating Grading, Excavations, Filis And Water Courses." Ordinance No. 4/2/74-2, "An Ordinance Of The City Of National City, California, Amending National City Zoning Ordinance No. 962, To Add Specific Criteria And Regulatory Provisions For Automobile Body And Fender Repairing In The C-4, Wholesale Commercial Zone." Ordinance No. 4/2/74-3, "An Ordinance Of The City Of National City, California, Amending National City Zoning Ordinance No. 962, To Add Specific Provisions Allowing 'Trade Schools' In Commercial Zones." Ordinance No. 4/2/74-41 "An Ordinance Of The City Of National City, California, Adopting The Uniform Building Code, Volume I, 1973 Edition And The Appendix Thereto, Excepting Chapter 70, Providing Penalties For The Violation Thereof And Repealing Ordinance No. 1259, And All Other Ordinances And Parts Of Ordinances Of Said City In Conflict Therewith." Ordinance No. 4/2/74-5, "An Ordinance Of The City Of National City, California Adopting The Uniform Building Code, Volume II, Mechanical, 1973 Edition, And Appendix A, Chapter 22 Of Appendix B, And Appendix C Thereof Providing Penalties For The Violation Thereof, And Repealing City Ordinance No. 1326 And All Other Ordinances And Parts Of Ordi- nances Of Said City In Conflict Therewith." Ordinance No. 4/2/74-6, "An Ordinance Of The City Of National City, California, Adopting The Uniform Housing Code, 1973 Edition, And The Appendix Thereto, Providing Penalties For The Violation Thereof, And Repealing Ordinance No. 1264, And All Other Ordinances And Parts Of Ordinances Of Said City In Conflict Therewith." Ordinance No. 4/2/74-7, "An Ordinance Of The City Of National City, California, Adopting, By Reference, The Uniform Plumbing Code, 1973 Edition, And Appendix A, B, C, D, And F, Declaring And Establishing Regulations For The Installation, Maintenance, And Alteration Of Plumbing Systems Within The City Of National City, Providing Penalties For The Violation Thereof And Repealing Ordinance No. 1284 And All Other Ordinances And Parts Of Ordinances In Conflict Therewith." Ordinance No. 4/2/74-8, "An Ordinance Amending Ordinance No . 1413 Relating To Conflict Of Interests Act." ADOPTION OF ORDINANCES Moved by Camacho, seconded by Reid, this ordinance be presented to Council for second reading by title only. Carried by unanimous vote. ORDINANCE NO. 1415 (449/74), "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTING THE 'NATIONAL CITY MUNICIPAL CODE,' A CODIFICATION OF THE PERMANENT AND GENERAL ORDINANCES OF THE CITY OF 4/2/74 119 NATIONAL CITY, CALIFORNIA, TOGETHER WITH THOSE SECONDARY CODES ADOPTED BY REFERENCE AS AUTHORIZED BY THE GENERAL LAWS OF THE STATE OF CALIFORNIA, SAVE AND EXCEPT THOSE PORTIONS OF THE SECONDARY CODES AS ARE DELETED OR MODIFIED BY THE PROVISIONS OF THIS CODE." Moved by Pinson, seconded by Reid, Ordinance No. 1415 (3/19,1 4) be adopted. Carried by unanimous vote. REPORT OF CITY ATTORNEY - None. APPROVAL OF BILLS BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $33,248.57 Traffic Safety 19,008.78 Capital Outlay 494.55 Park 241.72 Retirement 18,679.09 Gas Tax No. 2107 488.00 Drainage 1,154.00 Sewer 360.01 Revenue Sharing 26,075.95 Total $99, 750 , 67 Moved by Pinson, seconded by Camacho, the bills be paid. Carried by the following vote, to --wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None. UNFINISHED BUSINESS The Public Works Director's memo recommending AWARD of PURCHASE CONTRACTS for equipment items and the City Clerk's report of opening of sealed bids (Spec. No. 74-1 -- Colonial Ford bid $5,745.60 on Item 1, $5,472.50 on Item 3, $6,349.35 on Item 4, $4,211.90 on Item 6; *Lamb Chevrolet bid $5,571.57 on Item 1, $5,090.82 on Item 3, $5,939.22 on Item 4, $4,189.73 on Item 6; *Westcott Mazda bid $5,329.70 on Item 3, $7,801.50 on Item 4, $3,853.50 on Item 5. Spec. No. 74-2 -- Norm Pressley's Truck Center bid $14,488.70. Spec. No. 74-3 -- International Harvester Company bid $3,366.75; Metro U. S. Services bid $6,800.00; Ingersoll-Rand bid $4,849.00 for SPG 24 and $10,480.00 for SP 30-30. Spec. No. 74--4 -- Metro U. S. Services bid $4,861.50; *Gardner -Denver Company bid $4,342.38 for SPFGA 150 Portable and $5,567.52 for SP185G Portable; Ingersoll-Rand bid $4,594.74 for GRR 160 S, Single Stage Vane and $5,355.00 for G 150 S, 2-Stage Vane; *Mustang Equipment bid $4,192.65. Spec. No. 74-5 -- Charles Myers Industrial Trucks bid $13,589.20; *Hawthorne Industrial Equipment bid $13,505.88. Spec. No. 74-6 -- Metro Equipment Co. no bid; Adams -Sullivan no bid; Mission Ford Tractors, Inc. bid $8,100.00 for 45022-K and 740 Loader and $11,400.00 for 4500 + 13' backhoe. *No bid bond, cash or certified cashier's check received. Certifi- cate of publication is on file.) were presented. City Manager Osburn said this is for the other equipment where the bids have not been squared away yet; two of these items were approved by Council last week. City Attorney McLean said Council rejected the remainder of the bids. Ordered filed by unanimous vote. City Manager Osburn said this would have to go out to bid again. The matter of the LOADING ZONE in front of Suites "B" and "C" of BUILDING 241 on 35TH STREET (1-hour time limit) was brought up at this time. Councilman Pinson said to be consistent with the redevel- opment plan in that area, he does not feel this should be a loading zone. Moved by Pinson, this be denied. Motion died for lack of second. Moved by Reid, seconded by Morgan, this be approved. Assistant City Engineer Hoffland said he does not believe the Loading Zone is limited in time; it is for the purpose of loading and unload- ing for trucks and commercial vehicles; the green curb is limited to 4/2/74 120 a specific time; that could be used as an alternative. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Reid, Morgan. Nays: Pinson. NEW BUSINESS ( Continued) The CONSENT CALENDAR, Items la through li, were presented: (a) Memo from City Clerk regarding notice from Army Corps of Engi- neers of application by Kelco Co., San Diego, for permit to remove existing damaged wooden piles and pier, to install new, reinforced concrete piles and a deck structure at 2145 E. Belt St., San Diego. (b) City Clerk's memo regarding notices received from Army Corps of Engineers: (1) Application by City of San Diego, for permit for construction of pier, etc., Mission Bay; (2) Application by Dept. of the Navy for permit for construction of Berthing Pier #7, San Diego Naval Station, National City; (3) Application by City of Morrow Bay for permit to repair and restore stone riprap revetment along shoreline in Morrow Bay Harbor; (4) Application by Port San Luis Harbor District, Avila Beach, for permit for existing mobile boat hoist that extends 40' into Pacific Ocean at Port San Luis Harbor. (c) City Clerk's memo regarding notice received from Army Corps of Engineers: Application by American Telephone & Telegraph Co. for permit for proposed installation of submarine coaxial cable from Estero Bay, to Hawaii. (d) Memo from City Clerk attaching notice received from Attorney for San Diego Gas & Electric Co. regarding application by SDG&E filed with California Public Utilities Commission requesting authorization to increase rates and charges for natural gas service. (e) Letter from Executive Director, CPO, stating the CPO Board of Directors adopted the FY 75 Preliminary Budget and the FY 75 Final Budget is scheduled for adoption 5/20/74. (Copy of "Population -Based Assessment Percentages" attached.) (f) Letter from Executive Director, CPO, regarding accelerated program funding and attaching copy of letter sent to various legislators urging their support to a commitment of funds allocated by State Transportation Board to CFO. (g) Letter from San Diego Coast Regional Commission regarding their planning program schedule. (h) City Manager's recommendation that 2/2004 minutes of Civil Service Commission be approved and filed (Minutes attached). (i) City Manager's memo filing three items with the City Clerk. (1. Letter from San Diego County Water Authority, 2750 4th Ave., San Diego, dated 2/28/74, reporting Authority operations for the month of Feb.; 2. Minutes of the regular meeting of the Board of Directors, San Diego County Water Authority, dated 2/14/74; 3. Certificate of Insurance from Morris H. Kaliff & Son, Third Floor, Petroleum Commerce Bldg., San Antonio, Texas, insuring Christiansen Amusements Corp., 2319 June Way, San Bernardino, Policy No. GA 36 04 70 and its renewal and Policy No. XEL 002569 and its renewal.) Ordered filed by unanimous vote. Application by Dorothy M. Jones, Ray G. and Blanche H. Koenig, Russell Osgood, Elmer E. and Jeanne L. Rens and Carroll and Julia Mohr, dba BONITA GOLF CLUB, 3200 Sweetwater Road for ON -SALE GENERAL LIQUOR LICENSE and the Police Chief's memo stating investigation revealed no grounds for protest were presented. Moved by Camacho, seconded by Pinson, this application be approved. Carried by the following vote, to. -wit: Ayes: Camacho, Dalla, Pinson, Reid, Nays: None. Abstaining: Morgan. 4/2/74 121 Application by LANDMARK COCKTAILS, DBA THE LANDMARK, 2511 Sweetwater Road, for ON -SALE GENERAL PUBLIC PREMISES LIQUOR LICENSE listing Yoshiko Grasser as President, Edwin Cravens as Vice President, and Suzue Cravens as Treasurer and the Police Chief's memo stating there appeared to be no grounds for protest were presented. Moved by Pinson, seconded by Camacho, in favor of this application. Carried by the following vote, to -wit: Ayes: Camacho, Dalia, Pinson, Reid. Nays: None. Abstaining: Morgan. A letter from SAN DIEGO CHAMBER OF COMMERCE recommending two questions be included in April 1975 CENSUS: (1) How many people in this household are in the labor force? (2) How many people in this house- hold are unemployed? were presented. Moved by Camacho, seconded by Pinson, in favor of the San Diego Chamber of Commerce' request. Carried by the following vote, to. -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: Reid. A request by GERALD COSTELLO, 171 Palomar St., #130, Chula Vista, for refund of $100 PERFORMANCE BOND and the Engineering Department notation that final inspection was made on 3/11/74 okay was presented. Moved by Pinson, seconded by Reid, in favor of Gerald Costello. Carried by unanimous vote. A memo from Executive Director, Redevelopment Agency regarding REIMBURSEMENT for construction of 22ND STREET and enclosing an agreement to provide for reimbursement from Agency to the City which may be by non -cash credits to the project against the City's local share, or in cash was acked upon earlier in the meeting (Resolution No. 11,452, approving agreement, Page 117, Paragraph 5). A memo from Real Property Officer recommending Council adopt resolu- tion authorizing EMINENT DOMAIN PROCEEDINGS against property owners of Parcels 10 and 11, 1911 Act District No. 182, a plat of properties to be acquired, a memo from the Assistant City Engineer dated 3/19/74 and memos from the Real Property Officer dated 3/18/74 and 2/22/74 in this regard were presented. Moved by Pinson, seconded by Reid, in favor of the Real Property Officer's recommendation. Carried by unanimous vote. A letter from Van T. Shackelford, Secretary, South West Masonic Temple Corporation appealing decision by the Planning Commission regarding Zone C-3-C Zone amendment for the purpose of storing furniture in basement of Temple at 1140 "B" Avenue was presented. Planning Director Gerschler said the Planning Commission acted upon a request for an amendment to the zoning ordinance that would allow the use of the Masonic Temple basement for furniture storage ware- house; the Planning Commission denied the request; the Code provides that the denial is final unless appealed; an appeal has been filed with the City Council; Council can either file the appeal and take no further action or the matter can be set for a public hearing at a future date. Councilman Pinson said he is a member of this organi- zation; he has no financial gain whatsoever to derive from it. Moved by Pinson, seconded by Camacho, this be set for a public hearing at a time certain. City Attorney McLean said the Clerk will set it for a public hearing. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: Reid. Mayor Morgan said he sees some of the members in the audience; he has no objection to a public hearing but it is going to be hard for him to vote for a warehouse or storage in this area here. A letter from Barbara Jones, NATIONAL CITY STAR -NEWS requesting free use of Kimball Community Building on May 7 to present a PROGRAM on nutrition and demonstrate cooking of low cost foods was presented. Moved by Reid, seconded by Camacho, this request be granted. Carried by unanimous vote. 4/2/74 122 The request by Mrs. Ann Austin and Mrs. Rita Heuss the City correct error5they feel were made when ground cover was removed from bank behind their homes was acted upon earlier in the meeting (Page 117, Paragraph 2). The City Clerk's report of opening sealed BIDS for POLICE TOWING (bids were received from American Towing, Inc. and Tom Moynahan) was presented. Moved by Pinson, seconded by Camacho, to award the bid to Tom Moynahan. City Manager Osburn said he has not received reports on the yards, whether or not they are eligible. Moved by Pinson, seconded by Camacho, this be tabled. Carried by unanimous vote. REPORTS CITY MANAGER OSBURN said Planning Director Gerschler has requested Council direction to file application for approval with the Coastal Commission in relation to the PUBLIC WORKS YARD; this has been done but they would like approval. Moved by Camacho, seconded by Pinson, in favor of Mr. Gerschler's request. Carried by unanimous vote. CITY MANAGER OSBURN said he has a letter from Cyril Reinecke, 6th Grade teacher at Harbison School, who would like permission to VIDEO TAPE next Tuesday's COUNCIL MEETING, April 9. Moved by Camacho, seconded by Reid, this be approved. Carried by unanimous vote. CITY MANAGER OSBURN said next week a TRAFFIC REPORT will be on the agenda; he has given each Council member a copy of it. CITY MANAGER OSBURN reported a CLAIM filed against the City by MARY JANE BROWN; he recommended this be denied and referred to the City Attorney. Moved by Camacho, seconded by Reid, in favor of the Manager's recommendation. Carried by unanimous vote. CITY MANAGER OSBURN said he has a letter from Councilman Dalla regarding SMOKING IN COUNCIL CHAMBERS; he recommends that instead of the back two rows set aside for smokers, that one side of the Chambers be set aside for smoking and no smoking on the other side. Moved by Morgan, seconded by Camacho, to go along with Councilman Dalla's recommendation and set aside the south side of the Chambers for the people who smoke. Carried by unanimous vote. The PLANNING DEPARTMENT transmittal regarding ALLEY CLOSING-20' wide alley between Kenton and Harbison Avenues, 112' north of Division Street, stating: (1) the Planning Commission recommended denial of the closing of the alley; (2) City Engineer had recommended that if one of the affected property owners having access on this alley protest the closing, the alley should not be closed; and (3) one of the affected property owners protested and the Commission's finding was based on this request was presented. Planning Director Gerschler said approximately one year ago, Council asked the Planning Commission to study this alley; the Planning Commission made an extensive inves- tigation and contacted all the utility companies, gave notice to the abutting property owners and held a hearing; one of the adjoining property owners contended that he needed the alley and he would be aggrieved by the vacation of the alley; therefore, the Planning Com- mission made a finding that the alley is needed for public purposes and recommends it not be closed. Councilman Pinson asked the Assis- tant City Engineer what could be done regarding the drainage problem in that alley? Assistant City Engineer Hoffland said he is not prepared tonight to answer this; he would like to see the site and make a report. Mr. Gerschler said at the Planning Commission there was discussion regarding the drainage problem; one owner said he would be willing to participate in the cost of improving it. Moved by Morgan, seconded by Reid, to approve the Planning Commission recommendation and the City Manager notify these people of the City's 4/2/74 123 policy on paving of alleys. Carried by unanimous vote. COUNCIL COMMUNICATIONS COUNCILMAN REID said Mr. Osburn, 218 E. 18th St., has a request regarding his driveway in conjunction with the widening of that street on the TOPICS program; Mr. Hoffland went over and talked with him and he will report on this. Assistant City Engineer Hoffland said Mr. Ernest Osburn would like to request a driveway in violation of Ordinance 851; he would be willing to pay the $25 application fee to the Treasurer and the increased concrete cost if Council approves this; the driveway would be adjacent to an alley and therefore would be in violation of Ordinance 851; he explained to Mr. Osburn that it would be quite difficult to get in and out of the driveway but he felt he still wanted it if Council has no objection to it. Moved by Reid, seconded by Pinson, this be approved tonight. Carried by unanimous vote. COUNCILMAN REID said he has had people ask him, since the drug store on the northwest corner of Plaza and National is gone and there is a green 15-min. parking there, it be put back to 2-hour because of other businesses around there; the 15-minute parking was for a specific purpose and that purpose is now not there, the person is not there, the business is not there. Moved by Reid, it be put back to original time. Councilman Pinson said other businessmen may want it and it could be a hassle to get it again; he would suggest Mr. Osburn contact the businessmen in that area and find out if they want to retain the 15-min. parking. Motion died for lack of second. Mayor Morgan asked City Manager Osburn to check this out. MAYOR MORGAN said we have had quite a few requests for copies of the GENERAL PLAN to be printed IN SPANISH; he has checked this; if you put the whole General Plan in Spanish and have them to translate it, it will cost $3,000 for the first copy. There was discussion. Vice Mayor Camacho said he doesn't see why the City should make that expenditure. MAYOR MORGAN said there are people in National City in some business zones where they have business down on the ground floor and have living quarters over the business; do they have any zones for this in other cities? Mr. Gerschler said many cities have them. Mayor Morgan asked Mr. Gerschler to find out how that works and give Council a report on it. Moved by Reid, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:40 p.m. e22 ,) City Clerk City of National City, California By: The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of April 9, 1974. El/ No Corrections Correct'ons as noted below Mayor, Citry of N lonal City, California 4/2/74