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HomeMy WebLinkAbout1976 04-06 CC MIN62 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL. CITY, CALIFORNIA April 6, 1976 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: Bourcier, Campbell, Gerschler, Hoffland, McCabe, McLean. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Bourcier followed with invocation by Mayor Morgan. APPROVAL OF MINUTES Moved by Pinson, seconded by Camacho, the minutes of the regular meeting of March 9, 1976, March 16, 1976 and the adjourned meetings of March 16, held March 18, 1976 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read the Mayor's proposed proclamation "EARLY CHILDHOOD EDUCATION WEEK," April 4-10, 1976. Moved by Reid, seconded by Camacho, the proclamation be adopted. Carried by unanimous vote. Mayor Morgan introduced Miss Janice Clifton, MISS NATIONAL CITY 1976, and gave her a key to the City. Miss Clifton thanked the Council and stated she hopes to do a goad job for National City. Mayor Morgan presented the OUTSTANDING CIVIL ENGINEERING ACHIEVEMENT AWARD FOR 1975 and keys to the City to Arevalo and Safino for South Bay Town & Country Shopping Center Site Development. Mr. Arevalo and Mr. Safino thanked the Council and commended the Planning and Engineering Departments for their assistance and help on the project. ORAL COMMUNICATIONS MISS SANDY HOLTHAUS was present and invited the Council to attend the SOUTH BAY SPECIAL. OLYMPICS to be held at the Hilltop High School, Saturday, April 10 at 10:00 a.m. POLICE SGT. FRANK CHENELLE was present to request donations from the Council for the BICENTENNIAL EDUCATION FUND which has been set up to allow local high school students the opportunity to study and experience our nation's history during a, 12 day educational study experience to the east coast, the donations to offset the cost per student. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Pinson, these Resolutions be present- ed by title only. Carried by unanimous vote. Resolution No. 12,004, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (Margaret and Earl E. Lambert)." Moved by Camacho, seconded by Reid, Resolution No. 12,004 be adopted. Carried by unanimous vote. Resolution No. 12,005, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (Ernesto and Rita Hernandez)." Moved by Pinson, seconded by Reid, Resolution No. 12,005 be adoppted. Carried by unanimous vote. 4/6/76 63 Resolution No. 12,006, 44RESOLUTION ACCEPTING ENCROACHMENT R 3MOVAL AGREEMENT (Reliance Steel and Aluminum Company.)" Moved by Reid, seconded by Camacho, Resolution No. 12,006 be adopted. Carried by unanimous vote. Resolution No. 12,007, 4'RESOLUTION AUTHORIZING EXECUTION OF FREEWAY MAINTENANCE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION." Moved by Camacho, seconded by Reid, Resolution No. 12,007 be adopted. There was discussion. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstain: Morgan. Resolution No. 12,008, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION OF UNBUDGETED GENERAL FUNDS." Moved by Reid, seconded by Camacho, Resolution No. 12,008 be adopted. Carried by unanimous vote. Resolution No. 12,009, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITE' AUTHORIZING APPROPRIATION AND TRANSFER OF UNBUDGETED GENERAL FUNDS (PEP Program)." Moved by Reid, seconded by Camacho, Resolution No. 129009 be adopted. Carried by unanimous vote. Resolution No. 12,010, "RESOLUTION ADOPTING AN AFFIRMATIVE ACTION PROGRAM." Moved by Camacho, seconded by Dalla, Resolution No. 12,010 be adopted. Moved by Morgan, seconded by Pinson, we file this at this time until we can study it further. There was discussion. Motion to file carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. Moved by Dalla, seconded by Camacho, that this be back on the Agenda in a month. Carried by unanimous vote. City Attorney McLean directed City Clerk Campbell to place the item on the agenda in a month. Resolution No. 12,011, "A RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A RELEASE OF TERMS AND CONDITIONS AND DIRECTING THE RECORDATION THEREOF (30th Street and 'A' Avenue)." Moved by Pinson, seconded by Reid, Resolution No. 12,011 be adopted. Carried by unanimous vote. Resolution No. 12,012, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION (Grove Street from 14th Street to Plaza Boulevard, Spec. No. 787)." Moved by Camacho, seconded by Reid, Resolution No. 12,012 be adopted. Carried by unanimous vote. Resolution No. 12,013, "RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION OF UNBUDGETED GENERAL FUNDS." Moved by Reid, seconded by Camacho, Resolution No. 12,013 be adopted. Carried by unanimous vote. Resolution No. 12,014, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (Dick Catanzarite)." Moved by Pinson, seconded by Camacho, Resolution No. 12,014 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan, Nays: Dalla. The joint meeting of the Community Development Commission and the City Council was called to order. ROLL CALL Council members present: Camacho, Dalla, Pinson, Reid, Morgan. Commission members present: Camacho, Dalla, Pinson, Reid, Morgan. Absent:. None. HEARINGS The Joint Public HEARING before the City Ccrncil and the Community Development Commission of the City of National City on a REDEVELOP- MENT PLAN and a RELOCATION PROGRAM for the CENTER CITY PROJECT, a redevelopment project, was held at this time. City Clerk Campbell stated that the Certificate of Publication and the Affidavits of Mailing were on file. ARNOLD PETERSON, Executive Director, Commun- ity Development Commission, was present and stated that the public hearing would be in two parts; the part in which he is 4/6/76 64 appearing pertains to the Community Development Commission; and subsequent to this part is that which pertains to the City Council, Mr. Peterson said the Report to the City Council (which consists of extensive documents required by State law) is to be considered tonight; the report contains among other things a Redevelopment Plan, a Relocation Program, a 2-year Community Development Block Grant Program, and an Environmental Impact Report -- Impact Statement (EIR/EIS -- pertaining to both the Federal and State laws on the Redevelopment Plan [the Plan] and the Block Grant program); first to be considered is the Report then the Community Redevelopment Commission would add on the EIR/EIS and would recommend to the City Council that it act on the EIR/EIS, that being a separate Council item; to explain to the Council and those present in the audience for the Hearing, the Plan, Mr. Peterson referred to a drawing labeled "Illustrative Site Plan, Exhibit 4 in the Center City Project Redevelopment Plan", and pointed out the boundaries of the Project and explained the areas to be affect- ed and gave an in-depth report on the improvements to be made. Mr. Peterson stated that the Plan had been recommended for approval by the Planning Commission and the Citizens' Committee for Community Development)that City Council approval would constitute authorization to engage in the activities described in the Plan; the various activities would be subject to approval of specific plans that would accompany for the various activities; the project is proposed to be financed by $3,364,000.00 Community Development Block Grant Funds, to be supplemented by about $400,000 a residual grant from the E.J. Christman Industrial Redevelopment Project for a total of $3,764,000; the cost estimates. are $3,705,00 for the work outlined in Exhibit 4; there are other financial needs in this area and the abutting area that require inclusion in the Plan of authorization for a tax increment or tax allocation bond; this is described in detail in the Plan. Mr. Peterson stated that the displacement or relocation of homeowners, tenants, and businesses within the Project could occur only subject to the Federal and State laws relating to relocation; each of the owners has received the Relocation Plan and the Redevelopment Plan and information for businessmen, families and occupants in connection with this Project; since the Block Grant Program is the primary funding vehicle for this Project, approval of the Project and of the Block Grant Program tend to mean the same thing; approval of the second year Block Grant Program is equal to approval of the third, fourth and fifth year Block Grant Programs, because this is an annual funding -type progm both the Community Development Commission and the Council / earlier approved a Home Improvement Loan Program; they have included in the Report a draft of the owner participation agreement proposed for Brick Raw; there is also a draft of design standards proposed for the project for new construction; and earlier there was adopted policies governing owner participation and reentry of businesses within the Project. Mr. Peterson stated the Report points out that by reducing the number of units proposed on the Wards site, a bona fide environmental mitigation has been effected; they have responded to the Planning Commission and the City's officials in making changes to this Plan; there was suggested that a committment be made in the Plan to purchase certain fire equipment -- a tower or a high ladder; the Report points out that we will have within the Project adequate water pressure, adequate sizes of line, and some 12 to 13 specific treatments for the proposed Seniors' Building that meet require- ments -- when added to the mutual aid between the City of National City and the Cities of Chula Vista and San Diego -- the fire service requirements are being well attended to in this Project. Mr. Peterson requested the Commission to approve those motions set forth in 2b, 2c, and 3b of the CDC Agenda. Commission Chairman Morgan asked Mr. Peterson if "D" Avenue would be raised at 14th Street so it won't flood. Mr. Peterson said it would be. Commissioner Dalla asked about the timing factor in the Seniors' Housing, it is listed as being completed by 1980. Mr. Peterson stated it is hoped that length of time would not be necessary; but the City must be ready to pay for the property that is proposed for the Plan and the Relocation of persons from the land, that cost is $1,200,000; and that in effect two -years of block grant must be 4/6/76 - ' • 65 committed as a legal matter; this is being figured on the conservative side. Commissioner Dalla asked Mr. Peterson about the priority of streets, alleys and gutters being low in designation. Mr. Peterson said relative to the necessity of acquiring property and relocating persons and relative to the preparation of the Seniors' site, that would be a low priority. Mx. Peterson stated that the height of the Seniors' housing would be 75 feet or eight stories. Commissioner Dalla asked if they had looked into the possibility of a lower he.4.ght. Mr. Peterson stated that possibility had been looked into and it had been determined.that although the cost of construction for low elevation is considerably cheaper, the cost of maintenance of these lower elevation facilities is very much higher; many of the elderly are definitely in favor of a structure that has height because of the safety and securer aspects of that type structure and the elderly value that very much. Commissioner Dalla asked if CDBG money could be used to purchase fire fighting equipment. Mr. Peterson said such a purchase would be eligible. Mx. Dalla asked for an explanation of the proposed purchase of the northerly unit of Brick Row. Mr. Peterson stated that to make Brick Row look right in relation to adjoining property it should be purchased. Mr. Peterson stated that no alternate uses have been designated for the various areas because he feels there is a need to know exactly what use the areas will be put to. In reference to a question regarding the Buy -Back program, Mr. Peterson stated it would be another tool that could be used by purchasing a piece of property, fixing it up and re -selling it in an improved state. Commissioner Dalla asked if the people in the Brick Row area were to sign the proposed agreement, would that prohibit them from coming back at some future time to allow someone to put an office in there, or something else like that. Mr. Peterson said it would not prohibit such uses; the intent is to accomplish an exterior treatment such that two things happen (1) the life of the building is extended and (2) to have an appearance to the building that is pleasing (there are also some safety aspects to this: porches that need improvement, loose bricks that need attention); all this would be exterior work, subject to approval of participating tenants; it has been suggested that the Community Development Commission accept the responsibility of maintenance and repair of the exterior for a term of years, perhaps five; and that subsequent to that the owners of the property as part of this agreement which runs with the land and is a recorded document, assume individually and mutually agreement as to the maintenance of the exterior and that maintenance and the treatment that would occur on the building from time to time would have to have the approval of the owners and the approval of the Community Development Commission. Commissioner Pinson asked what the reaction of the property owners along "A" are to this proposed Project. Mr. Peterson stated that Mayor/Chairman Morgan and others from the Community Development Commission have spoken to the owners several times and whereas there is a variety of feelings by and large the owner response has been good. LENITA HEPOLSHEIMER, daughter of MARIJAN SIVRICH, property owner within the Project area asked about the money for the Project; is this to be Federally funded? Chairman Morgan stated that it was; the Federal Government has approved the City's application; they received approval for the first year and approving it tonight would guarantee approval for the next four years. Mrs. Hepolsheimer stated that in that case the Project has already been approved in effect. Chairman Morgan said the first year application had been approved. Mrs. Hepolsheimer said she was wondering if relocating people for a parking lot is tesily fair; she understands that it's a beautiful project, but still when you're 86 years old and have to leave a home that you've been in for 40 years -- she could see having an option that when a person passes on and wants to sell, the City could buy the property at that time; but to relocate at 86 is very difficult. Chairman Morgan said that they have gone through this relocation in the E.J. Christman Project and the people were told at that time that they would try in every way to make them happy; and he had promised himself that if he had to get in his car and take them out 4/6/76 66 he would; the City wouldn't push this off on them; they will be given as good or better than they had; that's the way the City would handle it. Mrs. Hepolsheimer said that she understands this, but you can't make a person understand and feel this way when he has lived in a home for 40 years. RALPH ARREOLA, 305 Center Street, Chula Vista, was present and stated that he received a call from involved residents yesterday, and today received a copy of the Plan and this afternoon has been reviewing the program; he has had experience with this type project because he worked with one similar to this one in the City of Riverside; in looking at the Plan he has some concerns which were brought to him by some people within National City .and one of them is the extent of the funds to be spent on this Project; the concern being spending the Block Grant money on this Project and what would be used for other needs within the Community; he asked around about the funds that are to be set aside for home improvements and found that the amount is small; the intent of Congress was to improve the housing supply; there are tremendous needs within the City, with dilapi- dated homes and areas; areas where there are unpaved roads, etc..; although the Council is trying to beautify this area, they should look at the rest of the City see if other homes couldn't use the home improvement money to fix up their places, but that's outside the redevelopment area. Commissioner Pinson asked Mr. Arreola to inform those people he knows would want to apply for the home improvement loan to see the CDC and apply because loans can be made. MARIJAN SIVRICH,* 1131 "A" Avenue, was present and stated that he has had an independent appraiser look at his property and related those figures to the Council; he also asked the Council some questions regarding his property. Chairman Morgan asked Mr. Peterson to look into this and make a report to Council. LUCY FLORES, who owns the south unit on Brick Row was present and stated that she and several other people who live on Brick Row want nothing to do with this Project; they feel it's a lot of expense that can be used for some of the hungry people who live in National City; and asked if everyone will be forced to participate in it because there are 4 or 5 people who want no part of it. Chairman Morgan stated that the only unit the City is buying is the northerly unit and the people won't be disturbed on the inside, they will just fix up the outside and the back lots, making it more attractive for everyone. Mrs. Flores said that she knows that, and asked what if they don't want to paint their part the color that has been selected for the whole? must they go along with the rest if they don't want to? Mr. Peterson stated that in the Redevelopment Plan Brick Row is described as a Historic place; it's on the National Register of Historic Places; if the majority of the owners in Brick Row are opposed; if the majority of the owners are opposed to the improvement of Brick Row, he would recommend against its improvement; if a majority of the owners are in favor, he would recommend in favor. In answer to Mrs. Florestquestion of whether a minority of people could be compelled to participate in the Plan in accordance to the wishes of the majority, Chairman Morgan stated that nothing would be done by the CDC on the inside; they won't change the ownership; the only thing that would be done by the CDC would be the outside. Mr. Peterson stated further that the CDC is trying to reach a level of consensus among the owners as to what form the treatment should take; if they agree then the CDC would have a Plan that would be presented to the Council. CHARLOTTE PINO, 1104 "A" Avenue, a renter, was present and asked what plans were being made as far as the renter were concerned -- relocation and things of that nature. City Attorney McLean stated that as to the property to be used for public parking, the CDC will provide relocation assistance to find replacement housing that is as good or better than what you have now; you might also be eligible for a cash grant; the CDC would be able to tell you what your entitlement might be. Chairman Morgan stated that for people who are renting in the area, they can have a relocation of up to $4,000 in cash; I'm not saying that we'll give you that, but if you qualify you could get up to that in cash. Mrs. Pino asked when the relocation would take place and was told it would be this summer, July or the first part of 4/6/76 67 August, 1976 before the CDC could acquire any of the property; the CDC won't begin payment for any tenant until they are in escrow with the property owner; therefore, tenants in property proposed to be acquired shouldn't just rush out, because the CDC can't make payments until they are engaged in an escrow for the property. MARK TARASUCK, a co-ownersof one of the homes on Brick Row was present and stated he had just returned from a restoration and preservation conference in Salt Lake City; one of the most important things about Brick Row is that it is deteriorating at a rate that is astounding; the fact that the pride of ownership has just not been there has allowed porches to fall off; siding not to be repaired, cracks in the walls not fixed; he would like the City to make a decision as soon as they can on the future of Brick Row; there are perhaps some people waiting to see if the City will buy it out and move some place else; he was willing to get out there and do the exterior. No one else spoke in this regard. Moved by Pinson, seconded by Camacho, 112222.1211.shearin and the Community Development Commission certify the ade uacy and completion of the Environmental Impact Report Environmental Impact Statement (EIR/EIS) for the Center City Pro'ect, a redevelopment project, and for the Second Year Community Develop- ment Block Grant Program which is integral to and directly related to the Center City Project, as prepared by Westec Services, Inc., San Diego, California pursuant to the requirements of the California Environmental Quality Act and the National Environment- al Protection Act; and that the Community Development Commission Board has reviewed and considered the information contained in said EIR/EIS; and that the project and the Program as described in said EIR/EIS will have social and economic benefits which outweigh any adverse effects the Project and Program may have on the environment. Carried by unanimous vote. Moved by Camacho, seconded by Pinson, that the Community Development Commission recommend to the City Council that it make the above motion in connection with the Community Development Block Grant Program. Councilman Dalla asked if, by accepting the Plan, Council was not accepting any specific plan, purchases, actions or anything of that nature. Mr. Peterson stated that the Council would be approving the Block Grant program for the second year and that each unit or activity or phase of redevelopment would come before the Council for approval. Mr. Peterson recommended that whether or not the owners of Brick Row want to go ahead the CDC proceed and recommend approval of the Plan to the City Council; in approving the Redevelopment Plan, the Council would be authorizing the acquisition of the property at the northwest corner of 14th and F, the acquisition of the surplus Wards property, the 12th and B corner, the half block on each side of "A" Avenue between llth and 12th, the northerly unit of Brick Row and that one-half block across the street from Brick Row exclusive of the southerly 2 lots on which are single houses. Moved by Reid, seconded by Pinson, the motion be amended to exclude the northerly unit of Brick Row until we hear from those people. Councilman Pinson asked if this action would give the Agency carte blanche in purchasing property such as Wards and was told not with this action, this motion is dealing with the Block Grant Program. City Attorney McLean stated that if they approve the proposed Plan as contained in the document that has been submitted to them, that Plan will be executed with the funds that are available now and it is not conceived that if you approve of the Plan that there will then be a series of subsequent presentations to rediscuss the acquisition of Parcel B3; ...if you think you are approving something in general and there will be a series of further presentations, that is not what is outlined in the Plan. Commissioner Pinson stated that he did not want to give up the authority of the Council to approve the purchase of property or design. There was further discussion. Commissioner Pinson withdrew his second to the motion to exclude the Brick Row from the Plan. Motion to approve the Second Year Block Grant carried by the following vote, to -wit,: Ayes: Camacho, Pinson, Morgan. Nays: Dalla, Reid. Moved by Morgan, seconded by Camacho, to approve and adopt the "Report of the Community Develollinitthe -tcWaCity tothef/...ylentConalt Council of the City of National City in connection with the Center 4 6/65 68 City Project a Redeve1oPmErntPrO3eCt9 National CtYfl California," and recommending to the City Council that it approve and adopt the Redevelopment Plan and the Relocation Program for the Center City PrOect. Carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Morgan. Nays: Dalla, Reid. Moved by Pinson, seconded by Camacho, we adjourn the CDC meeting until the close of the City Council meeting. Carried by unanimous vote. The CDC meeting was adjourned. CITY ATTORNEY MCLEAN stated the CDC has recommended that the City Council find the Environmental Impact Report/Environmental Impact Statement is adequate and complete. Moved by Camacho, seconded by Reid, to that effect. Carried by unanimous vote. Moved by Pinson, seconded by Camacho, to approve the 2nd year Community Development Block Grant Pro9ram. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. Moved by Camacho, seconded by Pinson, the first reading of the Ordinance be by title only. Carried by unanimous vote. Ordinance No. 2/6/76-1, "An Ordinance of the City Council of the City of National City, California, Approving the Redevelopment Plan and the Feasibility of Relocation for the Center City Project, National City, California." The HEARING on proposed ZONE CHANGE to rezone from TCS (I)-PD and TRC-PD to M-2, the properties located within the block bounded by 19th and 20th Streets and by Roosevelt and Hoover Avenues (ZC-2-76) was held at this time. City Clerk Campbell stated that the Certificate of Publication and Affidavit of Mailing were on file. Planning Director Gerschler said the Planning Commission recommended that the subject zone change be approved. No one was present in this regard. Moved by Pinson, seconded by Camacho, the Public Hearing be closed and the Planning Commission's recommendation be approved. Carried by unanimous vote. Moved by Pinson, seconded by Reid, Council direct Staff to initiate a zone change for the surrounding property up to 18th Street between Roosevelt and Hoover. There was discussion. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstain: Morgan. REPORT OF CITY ATTORNEY - No report. NEW BUSINESS The Finance Director/City Treasurer's request for RATIFICATION of payment of WARRANT REGISTER NO. 39 dated April 6, 1976, in the amount of $111,692.24 (Warrants Nos. 54142 through 54213) and PAYROLL for the period March 1-15, 1976 in the amount of $156,268.84; and WARRANT REGISTER NO. 40 dated April 6, 1976, in the amount of $79,244.51 (Warrants Nos. 54214 through 54275) was presented. Moved by Reid, seconded by Camacho, they be approved. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None. The CLAIMS FOR DAMAGES for JOHN C. TSIKNAS, GLORIA DEBBAS AND ROSANNA M. DEBBAS were presented. Moved by Pinson, seconded by Camacho, these be denied and referred to the City Attorney. Carried by unanimous vote. An application for TYPE 21 (Off -Sale General) LIQUOR LICENSE for LA MORENA LIQUOR STORE, 40 E. 30th Street (person-towperson transfer) was presented. Moved by Camacho, seconded by Reid, this be approved and filed. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstain: Morgan. The Director of Public Works' RECOMMENDATION to approve ENCROACH- MENT REMOVAL AGREEMENT for wall and planter in "A" Avenue (Robinson) was presented. Moved by Camacho, seconded by Pinson, the Director's recommendation be approved. Carried by unanimous vote. 4/6/76 69 Change Orde5041 and 2 for CASA DE SALUD EXPANSION, Specification No. 803 / presented. City Manager Bourcier recommended this item be held over one week. Moved by Reid, seconded by Pinson, in favor of the Manager's recommendation. Carried by unanimous vote. The Street Tree and Parkway Committee action GRANTING TREE REMOVAL REQUESTS was presented for ratification. Councilman Pinson referred to the backup material on this item; the Park Director's recommendation, that is not in accord with the Policy of the Street Tree Committee; he would agree with Mr. Maley's recommendation: "May I suggest that in the future the precise wishes of the property owner be followed. If he wants the tree out, let's take it out; if he wants to save the tree, let's not force him. I would also recommend that sidewalk repair depend on the condition of the sidewalk rather than replacement of the tree. Unless the tree which is causing damage is removed, walk repairs should be temporary." Councilman Pinson stated that he agrees with those recommendations 100%; we're forcing trees on these people that they don't want. There was discussion. Moved by Morgan, seconded by Reid, we approve the Committee's recommendations. Carried by the • following vote, to -wit: Ayes: Camacho, Dalla, Reid, Morgan. Nays: Pinson. CONSENT CALENDAR The City Clerk's Notices of Insufficiency to the Petitions: to Recall KILE MORGAN as Mayor, 856 valid signatures, 1548 additional signatures needed, to Recall, MICHAEL R. DALLA as Councilman, 924 valid signatures, 1480 additional signatures needed, to Recall, LUTHER G. REID as Councilman, 944 valid signatures, 1460 additional signatures needed were presented. Ordered filed by unanimous vote. WRITTEN COMMUNICATIONS LEAGUE OF CALIFORNIA CITIES Legislative Bulletin was presented. Ordered filed by unanimous vote. The request of the National City -Lincoln Acres Community Action Council that the City co-sponsor CINCO DE MAYO PROGRAM, render financial support and cooperation be given by Park Department was presented. Moved by Camacho, seconded by Reid, in favor of this request. Carried by unanimous vote. A request by Kimball School Beautification Committee for consider- ation of ESTABLISHMENT OF PARK ON CITY PROPERTY between Coolidge and Hoover Avenues, south of 19th St., and adjoining Kimball School easterly playground was presented. Moved by Reid, seconded by Pinson, this be filed. There was discussion. HERB CRAPO, National School District, was present and said the school district was willing to participate to some extent and would be willing to discuss the matter if Council indicated an interest in the project. Carried,by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. REPORTS CITY MANAGER - No report. PLANNING The recommendation of the Planning Commission that CONDITIONAL USE PERMIT NO. 1976-2, authorizing a servicemen's recreation center (for active service personnel only) at 840 National Ave., be approved with added condition that a minimum of 20 adequately marked and striped off-street parking spaces be provided (Charles E. Walton) was presented. There was discussion. CHARLES WALTON, 840 National Ave.a was present and addressed the Council saying he is the Director of the Center; the cost of the parking lot is expen- sive, almost $2,000 to redo the parking lot alone; the Building Department stated to him in a letter that he can't do anything until the Council decides whether or not he can have the Conditional Use Permit; on top of that the parking lot has to be finished, land- scaped, before anything can be done at all; only then will the Building Department look at it and set up the partition that will make the building safe; so if the Council takes no action on this 4/6/76 70 then it will delay this item even more. Planning Director. Gerschler stated there are three activities for this building: a lodging place for servicemen, a restaurant facility, and a lodge -type facility with amusement machines; the Building Code now permits lodging establishments and food serving establishments without City Council review; all they have to do to qualify is to satisfy the operating departments, Building, Fire, etc. There was further discussion. Mr. Walton stated that many repairs have been completed and they now need the Conditional Use Permit without further delay; it could be lived in now; they are expecting anywhere from 20-25 young men. There was further discussion. Moved by Reid, seconded by Morgan. it be continued for one week until we have a report of what has to be done on our desks. Carried by unanimous vote. The Planning Commission's recommendation that application for CONDITIONAL USE PERMIT NO. 1976-3 to amend CONDITIONAL USE PERMIT NO. 1975-3 to specify "ON -SALE GENERAL" liquor license in lieu of "Beer and Wine" at 108 W. 25th Street, Units E, F, & G, be approved as recommended by Staff (Stoney's - Harry G. Stone) was presented. Moved by Pinson, seconded by Camacho, in favor of the Planning Commission's recommendation. There was discussion. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid. Nays: None. Abstain: Dalla, Morgan. Moved by Morgan, seconded by Reid, Item 34: Recommendation by the Planning Commission that ZONE. VARIANCE be 9ranted, subfect to two conditions, to allow construction of an on -site identification structure in excess of 50' in hei9ht at South Bay Town, & Country Shopping Center, south side of Sweetwater Rdbetween Edgemere Ave. and 1-805, Item 35: Planning Commission Report - Application for ZONE VARIANCE NO. Z-3-76, to allow division of property into two separate parcels at 525-527 "M" Avenue, (to be on the Agenda of April 27 for Council Consideration) Item 36: Identification of the REDEVELOPMENT PROJECT AREAS on the zoning map by adding the letters "RD" to each zone symbol be approved. Carried by unanimous vote. COUNCIL COMMUNICATIONS Moved by Camacho, seconded by Reid, the meeting be closed. Carried by unanimous vote. The meeting closed at 10:10 p.m. () Cit Clerk City of National City, California The foregoing minutes were approved by the City Council of the City of National City, California at the regular meeting of April 27, 1976. di No corrections Corrections as noted below Mayor City of National City, California 4/6/7 6