Loading...
HomeMy WebLinkAbout1966 03-15 CC MIN132 MINUTES OF THa REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MARCH 15, 1966 The regular meeting of the City Council was called to order by Mayor Gautereaux at 7:30 p.m. Council members present: Allen, Hogue, Morgan, Gautereaux. Council members absent: Colburn. ADMINISTRATIVE OFFICIALS PRESENT:- Carstens., DeHaven, Foster, Linn, Minogue, Stockman. The meeting was opened with salute to the Flag led by Acting City Manager Foster, followed with invocation by Councilman Hogue. MOVED BY ALLEN, seconded by Hogue, the minutes of the regular meeting of March 8th be approved with the following correction: Page 130, in the title of Resolution No. 9083, the amount to be- transferred from General to Retirement Fund should be $40,165.00. Carried by unanimous vote. Absent: Colburn. RESOLUTION NO. , resolution adopting the National City General Plan Map, was presented. Moved by Allen, seconded by Hogue, the reading of the resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. Absent: Colburn. RESOLUTION NO. 9084, "RESOLUTION ADOPTING THE NATIONAL CITY GENERAL PLAN MAP." Moved by Hogue, seconded by Allen, the Resolution be adopted. Councilman Morgan asked if the word "adopt" could be left out of the resolution; he said he preferred to use it as a guideline. City Attorney Carstens said he understood the action of the Council was to adopt the Map. (Councilman Colburn arrived and took his place at the meeting. Mayor Gautereaux repeated the motion.) Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: Morgan. RESOLUTION NO. 9085, "RESOLUTION AUTHORIZING EXECUTION OF CORPORATION GRANT DEED (WESTCOTT MOTORS, INC.)," was read. Moved by Morgan, seconded by Allen, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 9086, "RESOLUTION AUTEiQRIZING EXECUTION OF REQUEST FOR RECON- VEYANCE OF TRUST DEED ( S & A INVESTMENT COMPANY)," was read. Moved by Allen, seconded by Colburn, the Resolution be adopted. Councilman Hogue inquired what property the trust deed covered and said he thought it should be laid over for week. City Clerk Minogue stated it was the property at 29th and A which had been in escrow for such a long period. Motion carried, by the following vote, to -wit: .Ayes: Allen, Colburn, Morgan, Gautereaux. Nays: None. Abstaining: Hogue. ORDINANCE NO. , anordinanceamending Ordinance No. 962, Zoning Ordinance of the City of National City (Webster Pontiac) was presented. Moved by Morgan, seconded by Colburn, the reading of the Ordinance be waived and the first reading be by title only. Carried by unanimous vote. ORDINANCE NO. , "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY (WEBSTER PONTIAC)." CITY ATTORNEY CARSTENS stated Councilman Morgan requested an opinion concerning a vote taken by. the Planning Commission on a zoning problem; in reviewing, the minutes of that meeting it appeared there was a motion to deny C-2 Zoning and-togrant C-2-P-D Zoning which carried by two affirm- ative votes, no "no" votes, two absent;. another motion to recommend favor- able action be given to C-2-P-D zoning carried by three affirmative votes with two abstentions. The City Attorney said in reviewing this, it appeared to him to be a moot question, the second vote carried by a majority of the quorum present; the Government Code merely required the Planning Commission to make a recommendation. 3/15/66 133 CITY ATTORNEY CARSTENS said he was also requested by the Council for information on what action could be taken zoning -wise to place restrictions on particular zoning; what restrictions could be built into the granting of zoning to assure it be carried through to fruition. The CityAttorney said in his opinion the Council did. not have the right to place conditions on zoning; the Council did have some control over the particular property (Granger-Kerch) through P-D Zoning; he found no authority to place other restrictions on zoning; but through C-2-P-D the property could not be developed without approval of the Council. City Attorney Carstens said once property was zoned, it was zoned; it would require Council action to change it. Councilman Morgan asked if the zoning could be stalled until everything else was set. The City Attorney said it could be done, but he doubted the developers would go ahead with it because it would be impossible to get financing, etc. Councilman Morgan said if the developers moved along and had financing the zoning could be accomplished in steps. City Attorney Carstens asked if there would be any harm in zoning the property C-2-P-D; if it was not developed, it would still be C-2-P-D and someone else might be able to develop it. Councilman Morgan stated some of the people who signed the petition were under the'impression Wacker Scott was coming to town and would be very disturbed if it didnot. CITY ATTORNEY CARSTENS reported the City Manager received correspondence from the U. S. National Bank requesting assignment of interest in note and trust deed for LAMDON, LTD. (Cal -Maid); apparently they were selling their interest in the property. The City Attorney stated the City Treasurer's records indicated they were in default; if the Council was not desirous of allowing them to sell the property they could declare them in default and demand payment in full. Moved by Morgan, seconded by Hogue, it be,placed on the Agenda for next week. Vice Mayor Alien' said it would be well for the Council to learn who the new owner might be; the Council could accept the new buyer or declare default; if the new owner was desirable it would be -preferable to, default. The Vice Mayor suggested the City Manager have the new buyer in to see the Council either before or at the next meeting. Councilman Morgan asked how much the first and second was. City Attorney Carstens said the second was $30,000 as of March 13, 1964; there had been payments of $300 per month including interest and the balance would be a little less. Mayor Gautereaux said as the Treasurer's records showed them to be in default, the City could put them on official notice of default and the acceleration clause could be exercised; if they made payments to bring the account. current the City would not be able to exercise the acceleration clause; it behooved the Council to table the item but to direct the City Attorney to file default proceedings. Councilman Hogue withdrew his second to the motion. Councilman Morgan said the City might not want the property back; to protectthe second the first would have to be protected. Mayor Gautereaux said it was an assignment and that assignment could not be made unless the second was satisfied. City Attorney Carstens recommended the Council exercise the option under the promissory note and declare the balance due and owing. Moved by Hogue, seconded by Alien, the City Attorneyts recom- mendation be approved. Carried by unanimous vote. THE USE DISTRICT. HEARING for the proposed zone change from R-4-P-D, Resi- dential Planned Development Zone, and R-2, Two Family Residence Zone, to a C-2 Limited Commercial Zone on that property east of Euclid Avenue between loth Street and Plaza Boulevard to permit the installation of a SHOPPING CENTER was -held at -this time. Mayor Gautereaux announced he was a member of the Corporation seeking the zone change and would refrain from voting. DONALD L. TORBETT, 1003 East 28th Street, (Chairman, Planning Commission) was present and asked the City Attorney if under C-2-P-D zoning the developers could be held to the plans presented at the time the zone change was granted. City Attorney Carstens said the usual way was for the Council to consider the plans and specifications submitted when appli- cation was made for the permit; he was not sure he understood the desir- ability of tying it down to the present plans. Mr. Torbett asked if the plans could be changed readily after the zone was approved; if the present plans fell through, could they submit plans of a different scope. The City Attorney said he understood there were, plans of definite, specific nature; 3/15/66 134 but the question was based on conjecture; on the basis of the representa- tions to be made tonight the Council could hold the developers to the concept. Mr. Torbett said the Planning Commission was told they could not hold the developers to the present plans under C-2-P-D. City Attorney Carstens said there were all kinds of plans: Contractor's plans, Architect- ural renderings, etc.; the permit itself could designate the development would be contingent on a major department store being there, etc.; this was the plan of the developers; but if he was talking about whether or not a super -market was going to be on this corner or that corner, or whether it would be painted green or black it would not be possible to' hold the developers to the present plan. The City Attorney said his pre- vious ruling would hold; generally you could not tie down to specifics, a certain amount of good faith had to be shown. Councilman Hogue asked if the City Attorney could bring back an answer next. week. Mr. Torbett said the zoning would be in by then and asked if any members of the Council were partners in the Corporation. Mayor Gautereaux said he had already stated his position. City Attorney Carstens said he had been retained by the corporation on a variety of matters but Mr. Butler was the attorney for this. JOHN BUTLER, 2310 U. S. National Bank Building, San Diego, was present and stated he represented International Horizons, Inc., applicants for the zone change. Mr. Butter said the original application was for a C-2 Zone but they agreed to an amendment to the application for a C-2-P-D on the recommendation of the Planning Commission. Mr. Butler displayed the architect's renderings of the proposed shopping center. RICHARD GEORGE WHEELER, AIA, 3276 Rosecrans, San Diego, was present and displayed a preliminary concept of the shopping center and stated the entire mall would be air-conditioned, the parking ratio would be three to one, there would be generous planting; the only similar shopping center was the one in Escondido. Councilman Morgan asked if Mr. t'heeler had an interest in the corporation. Mr. Wheeler stated he did. John Butler said the pro. perty was the site of the old GRANGER MUSIC HALL and it was the desire of the developers to restore it and let it remain. Mr. Butler said one of the questions raised was whether or not Wacker Scott planned to come in and he wanted to introduce Mr. Scott who had a letter of intention. :. Councilman Hogue asked how many acres would be set aside for Granger Hall. Mr. Butler said Mr. Hess would answer that question later. GEORGE A. SCOTT, President, Walker Scott, 1014 Fifth Avenue, San Diego, was present and said the concern over whether or not a department store would be built here was understandable; a recent survey showed 500 of proposed shopping centers never came to pass; Walker Scott made its own studies and felt there was a need for a department store in the area; it would draw from the surrounding areas as well as National City; Mr. Scott said Walker Scott will build a store here if they are wanted here; they were the instigators; a letter of intention was filed at the direction of the Board of Directors of Walker Scott. Mr. Scott said the store would be built in 1969; it could not be done sooner as they had two other stores in progress. LOU SOTHRAS, 1237 J Avenue, was present and asked Mr. Scott if the survey showed National City has gained only 500 in population over the past five years and were there sufficient people to support two shopping centers. Mayor Gautereaux ruled it was not in keeping with the hearing to ask anyone to testify. George Scott said he could not answer as to the 500 increase in population, but his study was based on the surrounding trading area, not National City alone. Mr. Scott said he would like to have a store here but would like to know it was wanted. John Butler said there were approximately 30 acres involved, the total investment 'o uld be 33?g million dollars and would result in sales tax to National City of $114,000 annually. CHARLES J. HESS, 1025 N Avenue, Vice President, Inter- national Horizons, Inc., was present and stated he was a stockholder in the corporation and read a letter dated March 14th in which they agreed to accept C-2-P-D zoning, stated the project of approximately 225,000 so. ft. would be developed concurrently and not on a "piece meal" basis, the total project would be completed about September 1, 1969, and they were willing to have the zoning revert back to R-2 and R-4-P-D in the event the self-imposed stipulations enumerated were not met. Mr. Hess stated a survey was made by Southwest Surveys and 300 persons were interviewed; 39% stated they make z to all purchases outside of National City; 88% said they would shop at the new store; and 12% were uncertain. Council- man Hogue inquired about the acreage to be set aside for Granger Hall. 3/15/66 135 Mr. Hess said a letter of intention to preserve Granger Hall and, if possible Granger carriage shed, was presented to the South Bay Historical Society, approximately two acres were involved. Mr. Hess introduced Mr. Stadmiller and Mr. Kerch who also owned portions of the property. CHARLES KERCH, President, Metropolitan Shopping Square, stated the Question was whether or not a new shopping center would hurt the present shopping center (South Bay Plaza) and he had some figures which would tend to disprove this. Mr. Kerch displayed a graph showing sales figures from 1958 to the present, which indicated the shopping center in Chula Vista was obtaining more sales dollars than National City now but that National City showed a steady growth. Mr. Kerch said an additional shopping center in National City would help the auto agencies and would cause houses to sell and apartments to rent more readily. JOE ELLIS, 1035 Highland Avenue, was present and said in relation to the chart the population growth in Chula Vista would account for their higher sales; National City has not had growth of population. Mr. Ellis said two shopping centers in National City would mean neither would be able to make a go of it; so far as the survey was concerned, ask any housewife if she wants another shopping center and she'll say "yes"; she would say five new ones. Mr. Ellis said South Bay Plaza has 400,000 square feet and is not considered a regional shopping center; the prfposed center would have only 225,000 souare feet; the prospect of a new center to a real estate man or banker would be terrific, but the most you could hope for would be $50 per square foot. HELEN WADSWORTH, 175 Murray, Chula Vista, owner of property at 2803 East llth Street, National City, was present and submitted an additional petition to protest commercial zoning until the promoters produce sufficient evi- dence of executed leases, detailed plans and proof of adecuate financing (petitions signed by 13 owners of property within 300 feet). TOM LEONARD, 2740 Lincoln Court, was present and said there was a rumor there was a conflict of interest; the Mayor and former City Manager were connected with International Horizons, Inc.; some time ago the Council directed former City Manager Hess to negotiate for Granger Hall. Councilman Hogue asked if this pertained to the hearing. Mr. Leonard said he thought it did and these things should be considered by the Council; some people questioned whether the Mayor and former City Manager were on the payroll of International Horizons because their influence might help to get the zoning desired. Mayor Gautereaux asked if Mr. Leonard was speaking for or against the zone change. Mr. Leonard said he was against it if it was illegally contrived. JOHN GILMORE, Manager, South Bay Plaza, 1003 Plaza Boulevard, was present and said they presented reams of facts to the Planning Commission on February 28th and read a letter from Frank A. Schaap, dated February 28th addressed to the Planning Commission objecting to the zone change on the following grounds: (1) expansion of retail space to the east was in basic conflict with the General Plan, prepared at a cost of $75,000; (2) the change would violate the basic principles of the Master Plan and would set a precedent for subsequent requests for zone changes in the future; (3) there was no valid basis for a major increase in retail facilities in National City now or in the foreseeable future; (4) a zone change to the east of the proposed free- way will create serious and expensive problems for the taxpayers; (5) there is no assurance the center will be built; (6) such a zone change should be made only after complete research, trade area analysis and prudent consideration; and (7) there is a possible conflict of interest and actions which might be accepted without question in ordinary circum- stances were open to inquiry. C. L. FOSTER, 1071 Carlsbad, Spring Valley (Manager U. S. National Bank, 745 National Avenue) was present and said on behalf of the Downtown Businessmen's Association they were in unani- mous support of the re -zoning to C-2-P-D; Mr. Foster read a letter dated March 15th which listed six reasons favoring the development. FRANK A. SCHAAP, 9730 Wilshire Boulevard, Beverly Hills, representing the owners of South Bay Plaza, was present and said he appeared before the Planning Commission and stated their position in regard to the zone change; all members of the City Council received copies of the presentation; they were charged with being emotional; the consensus was the General Plan was a good plan. Mr. Schaap reviewed the voting of the Planning Commission in this matter and said on the second vote George Waters changed his mind; there was some doubt he knew what was happening; now the City Attorney 3/15/ 66 136 says never mind the first vote, the second vote was good. Mr. Schaap said the Council might be opening a Pandora's box. Mr. Schaap suggested a zone variance be granted and unless the developers performed it would revert; one of the pieces of property involved was changed to R-4-P-D for a development which never materialized and it will stay R-4-P-D until it is changed. Mr. Schaap stated he would like to correct the impression he had withdrawn his objection to the zone change; if a zone variance was granted the developers would experience no financing problems; South Bay Plaza was developed on zone variances. JAMES S. DUBERG, 549 Third Avenue and 222 G Street, Chula Vista, attorney representing South Bay Plaza, was present and said he disagreed with Mr. Carstens and would like to point out Mr. Carstens has stated he represented International Horizons, allegedly one of the applicants for zone change. Mr. Duberg reviewed the voting of the Planning Commission meeting of February 28th on the recommendation for the zone change and stated the first motion, in his opinion, did not carry; an abstaining vote was a negative vote; a little later the Commission voted on substantially the same motion and it carried by a majority; however, no move was made to rep -consider the matter; there- fore, the recommendation was not legal. Mr. Duberg said the application for the zone change was made by International. Horizons, owner of the property; however, the record owner of the property was not International Horizons. Mr. Duberg said both the people who want to put up the shopping center and his clients who are against it are thinking about the best interest of National City. LOUIS THOMPKINS, 2227 East 16th Street, said he was interested in seeing the shopping center developed; one of the hardest things to do in National City was to get financing; 460 acres of land east of National City were to be developed as R-1 residential and the new shopping center would be able to draw from there. Mr. Schaap said he never heard Mr. Thompkins speak before but he said he was a realtor and he was interested in his opinion of the effect the commercial develop- ment would have on the residential property in the immediate surrounding area. Joe Ellis said National City does not have its proper share of good residential area because of random zoning; there were too many business districts; many businessmen, including himself, would rather live here but could not because of zoning; even the Mayor moved out of town. Mr. Ellis said the proposed shopping center would be fantastic if attached to South Bay Plaza. S. V. WILSON, 1945 Wedgemere, El Cajon, Manager of J. C. Penney's in National City, was present and said the Penney Company had been in business in National City since 1954 and said business during the last four to five years has been tougher; they were considered fairly good operators. Mr. Wilson said because of the size of the proposed shop- ping center it could be considered only a service center; there would be only one major store there; even if there were 15,000 new people in the area it would not help enough; the new Sears in Chula Vista has hurt busi- ness. MRS. HELEN LAMB, 441 East 7th Street, was present on behalf of the South Bay Historical Society, and said the developers of the shopping center will preserve Granger Hall; members of the Historical Society met with Mr. Hess and the commitments were turned over to the Board of Directors to take over Granger Hall; she wished to assure everyone the present owners intend to preserve the Hall. DOUG KINLEY, Manager, Western Auto, 1133 Highland Avenue, was present and stated South Bay Plaza has just completed renovation; his location has been up -graded to handle additional business; if the proponents thought they could build a new shopping center just four blocks away and both centers thrive, they were mistaken. FRANK (SCOTTY) HOBBS, 731 K Avenue, was present and said as a store owner (316 Highland Avenue) he was not opposed to a new shopping center although he did not think it was needed; what the Council should consider was the good of National City. MRS. IRENE PHILLIPS, 105 East 7th Street, was present and said she did not have any statistics but she thought the community would grow; a new hospital and school would be in the area and there would be new residential development to the east; the people were entitled to the convenience a new shopping center would provide. Mrs. Phillips said she was thrilled to think Walker Scott would be in National City. ROGER STEELE, Manager, Atlantic Finance, 338 East 8th St., was present and said he could understand the Plaza merchants' opposition to it; he would welcome any new business in town; he would hate to see the zoning turned down and the stores locate in some other area. Mr. Schaap 3/15/66 137 announced the owners of South Bay Plaza expect to have a new department store; the lease for the store is now in the attorney's hands. HANK FARRIS, 1135 Highland Avenue, was present and said much time and money wa.s spent to develop the General Plan and asked how much faith in the future development of the City investors would have if it was changed before being put into effect. Mrs. Wadsworth said Mr. Hess circulated a petition and all the neighbors in the adjacent area signed; however, one of the statements made was the value of properties would rise after development of the shopping center; she would like to know if this was fact or fiction. Mayor Gautereaux said any answer to the Question would be conjecture; feasibly values would rise, but it could be disputed by experts. Mr. Thompkins said several months ago he reauested a. zone change on some property on East 16th Street and got it; he could not get financing because of the surrounding area; since 16th Street was improved under a 1911 Act District the finance men were taking a different view. (Councilman Hogue left the Council Chambers.) John Gilmore said he had a similar experience; he tried to finance a multi -family residence and could not get financing because of the surrounding area, partially because of the zoning. Mr. Hawthorne, San Diego, was present and asked why the Plaza was getting a department store if they didn't think there was enough business to justify it. Mr. Schaap said apparently Mr. Scott thought there was a need for a department store. John Gilmore said he couldn't understand the Question that was unanswered; was there a need for another shopping center; South Bay Plaza was trying to weld together enough power to compete with other areas. Councilman Morgan asked how many signatures there were on the petition presented tonight. (Councilman Hogue returned and took his place at the meeting.) Moved by Hogue, seconded by Allen, the hearing be closed. City Clerk Mi.nogue announced she had the Affidavit of Mailing and Certificate of Publication of notice of the hearing; no written protests were received. Motion carried by unanimous vote. Councilman Morgan said Mr. Hess made the statement if the plan did not materialize he would not mind the zoning reverting back to the original zone. Moved by Morgan, the City Attorney be authorized to change the zone if the plan is put in, otherwise it revert back to the original zone. Motion died for lack of second. Director of Planning Stockman read the Planning Commission's recommendation of February 28th recommending approval of C-2-P-D Zoning. Councilman Morgan questioned the original petition. Director of Planning Stockman said no petition was required on a zone change; her policy was to have a petition signed indicating they have read the application; if the Council wished to take the new petition under consideration that was their prerogative. Councilman Morgan asked if people signed a petition thinking a particular business would come in and then it didn't, would it be legal? City Attorney Carstens stated the petition did not indicate whether the people who signed were for or against the zone change; it merely indicated they were aware of the application. Councilman Hogue said the Council was at the point where they would have to decide "yes" or "no"; and asked if the promises given at the hearing should be included irthe motion. Mayor Gautereaux asked Mrs. Stockman to tell of the experience of the C-2-P-D zoning for the shopping center at Euclid and Division. The Director of Planning said that shopping center came in as a C-2-P-D, the plans submitted for the permit were approved and followed closely, there were further reouirements to be met on planting; the R-4-P-D granted on 16th Street had not been developed because of the financing; there was planned development on the Fritz Annexation which has notyet been developed. Councilman Morgan asked under what zoning 21st and J Was developed. The Director of Planning said it was R-4, not P-D. Moved by Colburn, seconded by Hogue, the City Attorney and the City Manager's office work with the Director of Planning for pr per wording of a motion to provide C-2-P-D zoning. Councilman Colburn said he wanted to make sure everything was included and part of the letter that was presented be made a matter of record. Councilman Morgan asked if the motion mould go so far as to have the City Attorney include the property revert back to the original zoning if not developed. Councilman Colburn said he would include this in the motion. Mayor Gautereaux read the letter from International Horizons and asked the City Attorney if the zoning could revert back. City Attorney Carstens said it would be conditional zoning and could not be done. Councilman 3/15/66 138 Colburn said his intention was to have a motion that would include every- thing possible including the letter of intent stating the zoning would revert back. Councilman Hogue said the idea was that rather than sit here and try to concoct a motion; these three people would sit down and tell us what should be included in the motion for C-2-P-D zoning. Council- man Morgan asked if it could be accomplished by zone variance. City Attorney Carstens said he did not think that was the proper way to do it; he thought the zone variances Mr. Schaap talked about were not properly granted. Councilman Morgan said the City would have a hardship if the development did not go through. Vice Mayor Alien said he canvassed in regard to the shopping center: 33 people wanted Granger Hall preserved; 49 wanted Walker Scott; and 20 had no opinion; if he was any judge of people the statement the zoning could revert back and Mr. Scott's state- ment he wanted to build a store was enough. The Vice Mayor said to ask the City Attorney to come up with a motion that would do anything about these things or whether or not they could be included was not right; it would be conditional; the Council could adopt a time figure such as in the land sales where the City gets it back if the projects were not made; this would be a zone change without strings. The Vice Mayor said Mr. Colburn was concerned about the terms of the motion; the only proper motion was to either grant or deny the C-2-P-D zoning. The Vice Mayor asked if the zoning could be approved but held until the conditions were met. Councilman Colburn said the intent of the motion was to come back with recommendations from the Director of Planning as to its wording. Councilman Morgan said the zone change could be approved but held until all the "ifs" were answered. City Attorney Carstens said the Council could either have a zone change or deny it. Councilman Hogue asked if the Council okayed the C-2-P-D zone tonight then could the motion include these points be part of the plan to be brought in for the permit, and if so, why not vote on it next week. Motion carried, by the following vote, to - wit: Ayes: Allen, Colburn, Hogue, Morgan. Nays: None. Abstaining: Gautereaux. MAYOR GAUTEREAUX declared a recess. The meeting recessed at 10:15 p.m. MAYOR GAUTERT4•AUX called the meeting back to order at 10:35 p.m. Council members present: Alien, Colburn, Hogue, Morgan, Gautereaux. Council members absent: None. COUNCILMAN MORGAN stated he was shcoked when he read in the National City Star -News that National City qualified for Anti -Poverty funds according to the Economic Opportunity Commission, and read a copy of his letter to Congressmen Lionel VanDeerlin and Bob Wilson proposing means of stimulating the local economy. MAYOR GAUTEREAUX reported the matter of the Trnnsit District Act was heard before the Local Agency Formation Commission yesterday; the boundaries were approved as filed and it appears the issue will come before the electorate in November. MAYOR GAUTEREAUX reported the proposed National City Airport Annexation was heard before the Local Agency Formation Commission yesterday; there was some discussion between the two entities as to whether it should be divided by the flood control channel (the channel to be the boundary between the two cities). The Mayor stated presentations were made by Director of Planning Stockman, Vice Mayor Alien, and the Mayor; the Commission approved the entire annexation to the City of National City; if the annexation proceedings were successful, the entire parcel of the National City Airport will be developed by the San Diego Imperial Corpora- tion in the City of National City. Director of Planning Stockman stated she had a petition fromthe proponents of the annexation and recommended it be received and referred to the Planning Commission for a report to the Council. Moved by Hogue, seconded by Allen, the Director of Planning's recommendation be approved. Carried by unanimous vote. MAYOR GAUTEREAUX stated the terms of two Planning Commissioners were expiring and it was recommended the vacancies of George Waters and J. L. Ogden be filled. The Mayor stated Mr. Waters was appointed a few weeks 3/15/66 139 ago to fill an unexpired term and recommended he be re -appointed for a full term, and the vacancy of Mr. Ogden's position be filled by William Kirby, 115 E. 8th Street. Moved by Allen, seconded by Colburn, the Mayor's recommendation be approved. Carried by unanimous vote. MAYOR GAUTEREAUX requested ratification of the appointment of Leslie L. Dries to the Appeals Board vacancy. Moved by Allen, seconded by Colburn, the Mayor's recommendation be approved. Carried by unanimous vote. VICE MAYOR ALLEN reported he took a group of DeMolay boys and their advisors on a tour of the new Civic Center and EOC. The Vice Mayor stated he wanted to thank Deputy Director of Civil Defense DeHaven, Police Lt. Liesman, and Building Inspector John Wester for their time and effort. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $15,014.29 Traffic Safety 42,968.60 Park 513.48 Retirement 10,803.70 Civic Center (9A) 24,583.37 Gas Tax 186.1 10,000.00 Trust and Agency 25.00 Special Street 12,802.75 Drainage 2,084.16 Sewer 2,668.16 Civic Center 34,122.95 T OTAL $155,586.46 Moved by Allen, seconded by Colburn, the bills be approved and warrants ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. THE COUNCIL considered the ratter of whether or not chairmen of committees should cast a vote on each motion. Councilman Colburn explained to the Mayor who was absent last week, the City Attorney's opinion was the Council could not force committee members to vote, but it was their responsibility. The Mayor stated that for a chairman of a commission to refrain from voting unless on matters of a tie was contrary to the League of California Cities Guide to Legislative Procedures. City ';.ttorney Carstens stated the Commission had used Robert's Rules of Order, and the League of Calif- ornia Cities Guide adopted by the Council stated it was the duty of each commission member to cast a vote; there was no way to force a man to vote; the fact of being a chairman should not prevent a person from casting a vote; the Council could take a position of requesting or expecting appointed Commission members, including the Chairman, to vote. Director of Planning Stockman, in answer to the Mayor's questions, stated when she started in 1952 Robert's Rules of Order were in use and it never changed; her secre- tary did not call the Chairman's name on a roll call, except on a tie; the Planning Commission would adopt the other guide if so instructed. Mayor Gautereaux suggested with the Council's concurrence he would communi- cate with the Commission and point out the recommended procedure by the League of California Cities Guide, and recommend they adhere to it. Moved by Colburn, seconded by Alien, the Mayor's suggestion be approved. Carried by unanimous vote. A COMMUNICATION FROM CANTEEN SERVICE of San Diego, requesting the Council to permit reconveyance of title to A. Robert Natoli and Dr. E. K. Distler, was presented. Acting City Manager Foster stated Canteen Service was unable to build as planned; the new freeway forced them to move while the property was under injunction and they had to sign a long-term lease elsewhere. A. Robert Natoli, President, Canteen Service, 5444 Napa Street, San Diego, was present and stated they were soliciting approval of the Council to transfer or reconvey title to Dr. Distler and himself relieving Canteen of its obligations. Mr. Natoli stated he and Dr. Distler would fulfill the obligations made by Canteen, with the exception of building 3/15/66 140 a Canteen facility on the property, but would build other tax producing facilities; all cash would be paid at the close of escrow. Moved by Allen, seconded by Colburn, the request be granted. Mr. Natoli, in answer to Councilman Morgan, read a letter from San Diego Imperial Corporation relative to their interest in the property, and also stated there were a number of other people interested. Vice Mayor Allen asked if at the close of escrow all the money obligated would be paid in full. Mr. Natoli stated it would. Councilman Hogue asked if the property was paid in full would the new owners be obligated to the Council in any way to develop the land. City Attorney Carstens stated in the initial sale there was a restriction in the deed that stated it had t, be developed by Canteen or its successors within 180 days at the close of escrow; the 180 days have passed; Mr. Natoli was worried about the deed restriction; he could not get financing, he could not sell it unless the Council did not enforce that deed restriction, and that was what he was requesting. The City Attorney stated the Council should reach a decision about the 180-day period to build a commercial or industrial type building or the City could take the land back. Vice Mayor Allen stated his motion was their request be approved provided all the money was going to be paid to the City. Mayor Gautereaux asked Mr. Natoli, if the Council considered this type of agreement, would he and Dr. Distier agree to a deed guarantee contingent on a stated time to perform. Mr. Natoli stated they would. Councilman Morgan suggested the Council give him time and then let him present what he would like to put on the property. Councilman Hogue asked the City Attorney if the Council could allow them to have this and put the 180 days restriction in the terms. The City Attorney stated it could be worked out; the Council wanted assurance the new owners would comply with the same type of restriction that they would build within a certain length of time. Moved by Hogue, seconded by Gautereaux, the' matter be laid over until a document was brought back by the City Attorney. Mayor Gautereaux stated in the last transaction relative to Castle Rambler, the Council received a Grant Deed for the assurance of guarantee; if we have a similar Grant Deed the City Attorney should be instructed to proceed to prepare the necessary documents relative to this request. Councilman Morgan stated Mr. Natoli should be given sufficient time. Vice Mayor Allen amended the motion to instruct the City Attorney to get together with these people and get a similar type of deal as with Castle Rambler. Mayor Gautereaux withdrew his second to lay the motion over. Councilman Colburn said he would second the amendment if it included the amount of days. Moved by Alien, seconded by Colburn, the amended motion also include: 180 days be given at the close of escrow. Mayor Gautereaux explained the motion was to grant the request giving 180 days to perform under the Grant Deed permitting them to enter escrow reconveying the title of pro- perty, paying the City off in cash and giving us a Deed as a guarantee to their performance within 180 days from close of escrow. Councilman Colburn stated it meant that if they did not perform within the 180 days the City could buy the property back at the original cost with no interest. City Attorney Carstens stated he would talk to Mr. Natoli and his attorney and work up a provision accompanying the things talked about to be brought back for the Council's consideration. Amended Motion carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: None. Abstaining: Morgan, ACTING CITY MANAGER FOSTER stated, in regard to the escrow for Dale Building Company (Title to Parcel No. 8), copies of the escrow were put in each Councilman's folder. Mr. Foster stated City Manager Osburn contacted the National School District officials in regard to the title of Parcel No. 8, and the matter would be considered at their Board of Director's meeting tonight; it was anticipated there would be no serious complications. Moved by Allen, the escrow instructions be approved. Motion died for lack of second. Councilman Colburn stated the escrow instructions contained protection for the developers, but there were no provisions to protect the City. City Attorney Carstens stated the escrow was in accordance with Council instructions; the Council accepted the offer as it was presented; the wording in the escrow instructions were practically a verbatim of the offer presented. Mayor Gautereaux stated the sale was contingent on approval of FHA, if it was not approved there would be no sale. Arthur 3/15/66 141 Lynds, 11 E. Cresta Way, Chula Vista, representing Mr. Gersten, was present and stated he met with the principals of the Company that made the offer and they fully intend to develop to the best of their ability when all the agencies agree on the plan; once a permit was issued he knew they could not deviate from it; the plan would have to be agreed upon by the Council, Planning Commission and FHA: the architects were working on the plan and will have a rough sketch in about three or four weeks. Mr. Lynds stated the escrow instructions must be approved before they can do anything, and requested the Council to make a decision tonight. Vice Mayor Alien stated he was told the exterior construction would be stucco; under FHA there was construction in San Diego County where the exterior was metal. Mr. Lynds stated that would come under architectural control, and stated the sponsor and owner along with FHA and the City would have quite a bit to. say not only on the exterior materials but also on the floor area, and answered there would be no metal construction. Councilman Colburn stated the City experienced land sales where the developers did not perform and the City went to court to have the property reverted back to the City; recently the Council has been making land sales with a deed back whereby if the purchasers did not perform for any reason the City could buy the property back at the same price it was sold, to prevent the buyers from holding it for five or ten years for speculation; and asked if this would be acceptable to the developers. Councilman Colburn stated he understood the escrow instructions as they were presented; at the close of escrow while the City is still the owner of the property the Council would approve the plans that were submitted to FHA and at the close of escrow, construction would start; but if for some reason the developer changed his mind, would he agree to the condition the property would revert back to the City. Mr. Lynds stated Mr. Gersten was the owner of the Company, and he could not speak for him. Councilman Colburn suggested Mr. Lynds ask Mr. Gersten if he would agree to to this inclusion to guarantee the City the property would be used. Mr. Lynds stated he would get the answer and asked if there was anything else the Council wanted to know so they could get it all taken care of at one time. Mayor Gautereaux stated the salewas made subject to FHA approval, 100 per cent financed, insured by FHA; the escrow was not a consummated contract unless it met all the requirements of FHA; if FHA approved this and the transaction closed FHA would demand this pro- ject proceed as approved and financed. In answer to Councilman Morgan's question, Mr. Lynds stated he was the building contractor. Councilman Morgan stated when he showed Mr. Lynds the property he excluded the parcel on which there was an offer from Acme Chevrolet. Moved by Colburn, seconded by Hogue, the escrow instructions be amended to include the request the property revert back to the original owner if the development did not go through. City Attorney Carstens stated that ordinarily in these situations if you put a restriction on a time limit, there has to be a criteria on when they would be in default, and suggested if this was the intent of the motion it be on the basis of commencing on the proposed project within a certain length of time�at revert back to the City. Mr. Lynds suggested it be on satisfactory progress with the Council's approval without pinning it down to so many days. Moved by Colburn, seconded by Hogue, the motion be amended to include 180 days be given after the commit- ment of FHA. Motion carried, by the following vote, to -wit: Ayes: Allen Colburn, Hogue, Gautereaux. Nays: Morgan. (Councilman Morgan left the Council Chambers.) A COMMUNICATION FROM FIRE CHIEF BAILEY requesting fire personnel be granted the same courtesy extended to police officers in regard to uniforms damaged under unusual circumstances, was presented. Moved by Hogue, seconded by Colburn, the request be g-anted. Motion carried by unanimous vote. Absent: Morgan. THE MINUTES OF THE LIBRARY BOARD OF TRUSTEES' meeting of March 2nd, were presented. Ordered filed by unanimous vote. Absent: Morgan. A COMMUNICATION FROM THE SAN DIEGO COUNTY BOARD OF SUPERVISORS requesting National City cooperate and coordinate with the Department of Special District Services to cause zoning of the floodway for the Sweetwater River Flood Control Project, was presented. Acting City Manager Foster 3/15/66 142 stated the Council did go on record opposing construction in the Sweet- water River Valley, and recommended the Council instruct the staff to follow through. Moved by Hogue, seconded by Allen, Mr. Foster's recom- mendation be approved. Carried by unanimous vote. A",sent: Morgan. THE ARCHITECT'S MONTHLY PROGRESS REPORT (Civic Center and EOC) for the month of February, 1966, was presented. Moved by Allen, seconded by Colburn, the report be approved and filed. Carried by unanimous vote. Absent: Morgan. A COMMUNICATION FROM CITY LIBRARIAN BAEDER in regard to the educational requirements for Assistant City Librarian, was presented. Moved by Alien, seconded by Colburn, the request be granted and be referred to the Civil Service Commission. Carried by unanimous vote. Absent: Morgan. A COMMUNICATION FROM POLICE CHIEF CAGLE requesting sick leave without pay for Reida L. Baker, Police Radio Dispatcher, was presented. Moved by Hogue,. seconded by Colburn, the request be granted. Carried by unani- mous vote. Absent: Morgan. A COMMUNICATION FROM MANUEL CASTRO SOTO, Director General, PRESENCIA DE MEXICO, in regard to the fourth issue of the magazine, was presented. Vice. Mayor A11en gave a copy of the magazine to the Mayor, and stated �c the os`t" wo`b`g$24O.00. Mayor Gautereaux recommended it be referred to the. Chamber of Commerce; any advertising should be done by that agency. Moved by Hogue, seconded by Allen, the Mayor's recommendation be approved. Carried by unanimous vote. Absent: Morgan. A NOTICE OF PUBLIC HEARING ON WATER QUALITY CONTROL POLICY for San Diego Bay, Wednesday, April 13th, 9:30 a.m.., Room B-109, State Building, 1350 Front Street, San Diego, was presented. Ordered filed by unanimous vote. Absent: Morgan. COMMUNICATION FROM THE EXECUTIVE OFFICER to the Local Agency Formation Commission in regard to the proposed National City Airport Annexation to the City of National City, was presented. Ordered filed by unanimous vote. Absent: Morgan. A COMMUNICATION FROM PONY AND LITTLE LEAGUE requesting use of a concession building and utilities, was presented. Moved by Colburn, seconded by Alien, the request be granted. B. J. Gautereaux, 2019 Highland,Avenue, was present and stated, in answer to Councilman Hogue's ouestion, he was delegated by both Leagues to make this request of the Council. Carried by unanimous vote. Absent: Morgan. RESOLUTION NO. 362, from Orange ( .ve, Supporting Armed Forces in Viet Nam, was presented. City Clerk Minogue stated she also received a similar resolution from the City of Brawley. Moved by Allen, seconded by Hogue, the City Attorney draw up a similar resolution. Carried by unanimous vote. Absent: Morgan. ACTING CITY MANAGER FOSTER stated City Manager Osburn was not at the Council meeting because he had the flu. ACTING CITY MANAGER FOSTER presented a letter from Louis Vega„ requesting permission to use Kimball Park for a Bar-B-Q, March 20th, for a fund raising rally for Louie Camacho, City Council candidate; also permission to use an electrical outlet for a microphone and electric guitar was requested; they are willing to pay for use of the park and for electricity. Moved by Allen, the request be granted. Motion died for lack of second. Mayor Gautereaux stated a check should be made to see if the park could be used for a political purpose. City Attorney Carstens stated there had been some changes in the election law and he would have to review it. The Mayor recommended the Coucil could approve it conditionally; if it does meet all the requirements it could be approved, and if not, it would be denied. Moved by Allen, seconded by Colburn, the Mayor's recom- mendation be approved. Mrs. Louie Camacho, 1937 A Avenue, National City, 3/15/66 143 was present and stated the tickets had already been printed and sold and they would have to know by March 20th. Motion carried.by unanimous vote. Absent: Morgan. ACTING CITY MANAGER FOSTER presented Change Order No. 4 for the Civic Center and EOC, in the amount of $1,769.09 for eight items, Some of which are: additions to Council Chamber P.A. system; electric door opener in Police Department; gate at north counter, City Clerk's office for ballot box access; and plumbing for landsc ing and Photo Lab, and stated it was Mr. Osburn;s recommendation it be approved. Moved by Hogue, seconded by Allen, the City Manager's recommendation be approved. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: None. Absent: Morgan. ACTING CITY MANAGER FOSTER presented a request from the First Baptist Church, for the College students of Occidental College to use the showers at the Municipal Swimming Pool, the week of May 20-26, between the hours of 4:00 - 9:00 p.m. Moved by Allen, seconded by Colburn, the request be granted. Carried by unanimous vote. Absent: Morgan. ACTING CITY MANAGER FOSTER presented a report and the January loth minutes of the San Diego County Water Authority, and recommended they be filed. Ordered filed by unanimous vote. Absent: Morgan. ACTING CITY MANAGER FOSTER stated copies of the proposed directory for the new Civic Center were placed in the Councilmens} folders, and requested approval of the format of the directory. Moved by Alien, seconded by Colburn, it be approved. Carried by unanimous vote. Absent: Morgan. CITY CLERK MINOGUE reported receipt of a Verified Claim against the City of National City by Clifford A. Goudie in the amount of $12,000.00, and stated a copy would be referred to the City Attorney. THE CITY CLERK reported receipt of the State Controller's Annual Report of Financial Transactions concerning Cities of California, 1964-65, and stated it would be on file in her office. DIRECTOR OF PLANNING STOCKMAN presented a recommendation from the Planning Commission to approve the application for Zone Variance No. Z-39 for the Standard Oil Company of California (8th and Palm), and recommended the report be received and brought back to the Council for action on April 5th. Moved by Hogue, seconded by Allen, the Director of Planning's recom- mendation be approved. Carried by unari.nolza vote. Abs;^r_t: Dorgan. DIRECTOR OF PLANNING STOCKMAN stated with 1 adoption of toe General "' Plan Map, the City was in a position to rensive Yor,ey for beautifi- cation. Mrs. Stockman stated she had been working for sometime with the San Fransisco and Los Angeles offices of the Department of Housing and Urban Development, and there were funds available under the Urban Beautifi- cation and Improvement Program as authorized by the Provisions of the Housing and Urban Development Act of 1965, which amended Title 7 of the Housing Act of 1961. Mrs. Stockman stated there would be monies available to help on the landscaping of the Civic Center, the development of the Park, and tree planting, and requested authority to proceed with the City ManagerlPark Superintendent, Planning Commission, Park and Recreation Advisory Board, in the preparation of an application to the Department of Housing and Urban Development for matching funds on landscaping the Civic Center, and possibly take.under consideration the Park Superintendent's recommendation of June, 1965,on some of the tree planting on the north and south streets parallel to Interstate 5. Mrs. Stockman stated the Planning Commission and Park and Recreation Advisory Board set a joint meeting for next Monday in hope the application could be brought back to the next Council meeting. Moved by Hogue, seconded by Alien, the request be approved. Carried by unanimous vote. Absent: Morgan. 3/15/66 144 MOVED BY HOGUE, seconded by Allen, the meeting be closed. Carried by unanimous vote. Absent: Morgan. The meeting closed at 11:50 p.m. ATTEST: e J ✓� CITY CLERK 3/15/66