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HomeMy WebLinkAbout1966 03-22 CC MIN145 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MARCH 22, 1966 The regular meeting of the City Council was called to order by Mayor Gautereaux at 7:30 p. m. Council members present: Allen, Colburn, Hogue, Morgan, Gautereaux. Council members absent: None. 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 Colburn. MOVED BY HOGUE, seconded by Allen, the minutes of the regular meeting of March 15th be approved. Carried by unanimous vote. Resolution No. , resolution expressing support and devotion to members of the Armed Forces of this country fighting in Viet Nam, was presented. Moved by Alien, seconded by Hogue, the reading of the resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. RESOLUTION NO. 9087, "RESOLUTION EXPRESSING SUPPORT AND DEVOTION TO MEMBERS OF THE ARMED FORCES OF THIS COUNTRY FIGHTING IN VIET NAM." Acting City Manager Foster stated similar resolutions were received from other cities and suggested resolution No. 9087 be sent to those cities. Moved by Alien, seconded by Colburn, the resolution be adopted and copies sent to other cities. Motion carried by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. Resolution No. , resolution of the City Council of the City of National City adopting budget for expenditure of funds allocated from the State Highway Fund to Cities, was presented. Moved by Hogue, seconded by Allen, the reading of the resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. RESOLUTION NO. 9088, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING BUDGET FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES." Moved by Morgan, seconded by Colburn, the Resolu- tion be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. Resolution No. , a resolution determining and declaring that the public interest, convenience and necessity of the City of National City require the construction operation and maintenance of public street across certain described land in the City of National City, County of San Diego, State of California; and that the public interest, convenience and necessity demand the acquisition of fee title to said property to be used by said City for said purpose; and declaring the intention of the City of National City to acquire said property under eminent domain proceedings; and directing the City Attorney of the City of National City to commence an action in the Superior Court of the State of California in and for the County of San Diego for the purpose of acquiring said property (Lanoitan Avenue), was presented. Moved by Alien, seconded by Hogue, the reading of the resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. RESOLUTION NO. 9089, "A RESOLUTION DETERMINING AND DECLARING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY OF THE CITY OF NATIONAL CITY REQUIRE THE CONSTRUCTION, OPERATION AND MAINTENANCE OF PUBLIC STREET ACROSS CERTAIN DESCRIBED LAND IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA; AND THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY DEMAND THE ACQUISITION OF FEB TITLE TO SAID PROPERTY TO BE USED BY SAID CITY FOR SAID PURPOSE; AND DECLARING THE INTENTION OF THE CITY OF NATIONAL CITY TO ACQUIRE SAID PROPERTY UNDER EMINENT DOMAIN PROCEEDINGS; AND DIRECTING THE CITY ATTORNEY OF THE CITY OF NATIONAL CITY TO COMMENCE AN ACTION IN THE 3/22/66 146 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO FOR THE PURPOSE OF ACQUIRING SIAD PROPERTY." Moved by Hogue, seconded by Allen, the Resolution be adopted. Councilman Morgan asked if negotiation for this property was attempted. Acting City Manager Foster stated negotiation was attempted for some time; the City Attorney wanted to be in a position to file if necessary. Motion carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY ATTORNEY CARSTENS stated the City Clerk and City Treasurer needed authority to deposit certain monies with the County Clerk as advance deposit to allow the City to take possession of three parcels of land involved. The City Attorney said the land was appraised at a total of $1205.00, and recommended the City Clerk, City Treasurer and other City officials be given the necessary authority to draw warrants for the total sum of $1205.00 to be used as a deposit for the purchase of this property. Moved by Morgan, seconded by Hogue, the City Attorney's recommendation be approved. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. City Attorney Carstens stated one of the owners indicated he may grant the property to the City in ex- change for the cost the City would otherwise incur in filing: $32.50; if this was consummated, the cost would be $32.50 instead of $475.00, and recommended authority be granted to himself and City Engineer Foster, to accomplish the settlement. Moved by Morgan, seconded by Hogue, the City Attorney's recommendation be approved. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 9090, "RESOLUTION OP COMMENDATION TO WINNER OF MUNICIPAL YOUTH RECOGNITION AWARD (Carole Jean Belknap)," was read. Moved by Allen, seconded by Hogue, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. Mayor Gautereaux commended Miss Belknap and presented an award to her. Ordinance No. , an ordinance amending Ordinance No. 962, zoning ordinance of the City of National City (Webster Pontiac), was presented for the second reading. Moved by Morgan, seconded by Colburn, the reading of the ordinance be waived and it be adopted by reading of the title only. Carried by unanimous vote. ORDINANCE NO. 1126, "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY (Webster Pontiac)." Moved by Colburn, seconded by Hogue, the Ordinance be adopted. ('ouncilman Morgan asked if the property was in escrow. Mayor Gautereaux stated the Ordinance was relative to the zone change, the sale had not been consummated. Motion carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. Moved by Morgan, seconded by Colburn, the City Manager and City Attorney be instructed to open escrow as requested by Mr. Webster. Mayor Gautereaux recommended the item be put on the Agenda next week for more information. Moved by Hogue, seconded by Allen, the item be laid over until proper information is brought before the Council. Carried by unanimous vote. Ordinance No. , an ordinance amending ordinance 962, zoning ordinance of the City of National City (International Horizons, Inc. and Kerch), was presented for the first reading. City Attorney Carstens reported it pertained to the property across from Paradise Valley Hospital. Councilman Morgan said last week Mr. Hess indicated International Horizons would be willing to have the zoning revert back to the original zone if Wacker Scott did not come into National City. Moved by Morgan, the City Council go on record if Walker Scott, or an equal department store, does not build a store on this property situated between 8th Street and Plaza Blvd. and Euclid Avenue and Arcadia Place, the Council take action to revert the zoning back to the present zone; the Council of National City to be the judge as to the equal of Wacker Scott. Motion died for lack of second. Moved by Hogue, seconded by Colburn, Item No. 1 under Unfinished Business on the Agenda be placed on the floor at this time. Carried by unanimous vote. Councilman Morgan stated his motion was intended to protect the 3/22/66 147 people who signed the petitions on this zone change; Mr. Hess stated he would not object to the property reverting back to the original zone. Mayor Gautereaux stated motion was made last week referring the matter to the City Manager, the Director of Planning and the City Attorney to bring back a structure of a motion for the Council to consider. City Att=-rney Carstens reported the substance of two motions were prepared; the first motion would be to accept the recommendation of the Planning Commission to zone the property as C-2-P-D and to instruct the City Attorney to prepare an ordinance making such a zone change, and stated this would be an acceptance by the Council of the recommendation of the Planning Commission to zone the property as 0-2'-P-D; the Council should act on the recommendation of the Planning Commission; either to accept or reject. Councilman Morgan asked if the ordinance contained any protection to guarantee Walker Scott would go in. The City Attorney said in his opinion it could not be done as it would be considered conditional zoning; the structure of Councilman Morgan's motion should be independent of the motion to accept the Planning Commission's recommendation. The City Attorney reported he was instructed last week to prepare the substance of a motion to build in some restrictions; the second motion prepared was: to instruct the Director of Planning to insure that the application for a Planned Development Permit contained restrictions on the property in accordanc._ with the three conditions set forth in a letter from International Horizons, Inc. dated February 14, 1966; and further, that the recommendation of the Planning Commission for a permit contain restrictions which will accomplish these objectives. The City Attorney stated there were three conditions specified and a fourth item mentioned during the hearing was the preservation of Granger Hall. Councilman Colburn stated it wa.s his intention last week to bring about a motion such as No. 2 and to include Councilman MorganSmotion; the motion would be an agreement between the City and the developers which would be binding on both but have nothing to do with the C-2-P-D zoning; if both parties would agree to this he weld favor C-2-P-D,, Councilman Morgan stated the City Attorney's recommer3ation would offer protection; the Council would be on notice of what was expected to be built; there would be no doubt in anyone's mind as to the intent of the Council. City Attorney Carstens said his thought would be the Ordinance be adopted first and then the motion. Moved by Morgan, seconded by Colburn, the City Attorney's recommendation the Council accept the recommendation of the Planning Commission to zone the property C-2-P-D and the ordinance to effect the zone change be iven the first reading by title only. Mayor Gautereaux stated he had a personal interest in the matter before the Council and would abstain from voting. The Mayor read a letter from K. R. Wadsworth, 2803 E. llth Street, protesting the zoning, and requested it be made a matter of record even though the hearing was held last week. Councilman Morgan asked if the names on the petition received last week in protest of the zoning were the same who signed the original petition. City Clerk Minogue stated at first glance it appeared to be a petition signed by 21 people, however)it was two separate petitions signed by a total of 13 people; it was a conditional protest. Mayor Gautereaux stated the conditional protest was similar to the motion under discussion. Motion carried, by the follow- ing vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan. Nays: None. Abstaining: Gautereaux. Ordinance No. , an ordinance amending Ordinance No. 962 zoning ordinance of the City of National City (International Horizons, Inc. and Kerch). MOVED BY ALLEN, seconded by Hogue, the letter of protest read by the Mayor be made a matter of record. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan. Nays: None. Abstaining: Gautereaux. Councilman Colburn read the second motion prepared for the Council by the City Attorney, Director of Planning and City Manager, and stated the letter from International Horizons referred to in the motion and other restrictions should be included. Moved by Morgan, seconded by Colburn, the Council go on record that if walker Scott, or eoual department store does not build their store on this property situated between 8th Street and Plaza Blvd., and Euclid Avenue and Arcadia Place, the Council will take action to revert the zoning back to the present zone; the Council being the sole judge as to the equal of Walker Scott. Moved by Colburn, seconded by Morgan, the 3/22/66 148 motion be amended to include the Direc, o gf Planning be instructed tQ. insure that the application for a planned development permit contains restrictions on the property in accordance with the matters set forth in a letter from International Horizons„, Inc. dated March 14, 1966, "(1) that we will adhere to restrictions imposed by the Planning Commission for a C-2-P-D development. Obviously. we would anticipate the City working with us relative to advisable changes which would not affect the general total concept. (2) that the project of approximately 225,000 sa. ft. be developed concurrently and not on a 'piece meal' basis. (3) that our project be completed on or about September 1, 1969. We are willing to have the zoning revert back to its original zoning (R-2 and R-4 PD) in the event we do not fulfill the self-impgsed_stipulations enumerated herein," and the comments_ of Councilman Morgan just stated be included, and the recommendation of the Planning Commission for a permit,contain instructions which will accomplish these objectives. Charles Hess, 1025 N Avenue, Vice President, International Horizons, was present, and stated they would accede to the stipulations set forth in their letter of March 14th; the motion neglected to say they would set aside Granger Hall as a historic monument. Mr-. Hess said the Council may wish to tie an additional strap that Granger Hall would be preserved; they have done groundwork in cooperation with the South Bay Historical Society. Mr. Hess it would be a shopping center of approximately 225,000 square feet to be developed concurrently for comple- tion on or about September 1st, 1969, and asked in regard to the financing, if once the ground was broken and approved by the Planning Commission and City Council would it constituta construction; and depending upon possible inclement weather conditions, etc., they requested favorable consideration concerning the 1969 completion date, would it be granted. Mr. Hess said they had no intention of not completing it by that time; that was the date they were drawing their leases to. Moved by Colburn, seconded by Morgan, the commitments just stated by Mr. Hess be included in the motion. Motion carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan; Nays: None. Abstaining: Gautereaux. CITY ATTORNEY CARSTENS reported he was requested by the Council to meet with the representatives of Canteen Service to work out a bais whereby they could sell their property to other interested parties and the City then impose restrictions on the new owner in regard to the time limits for development; he met with the attorney for Canteen Service and discussed many details, the matter was in progress, but he had nothing definite to report. CITY ATTORNEY CARSTENS reported last week a matter was before the Council concerning Cal -Maid Furniture (Lamdon Limited Investments), where a bene- ficiary statement was requested of the City, and at that time the Council did not have enough facts on which to determine the status of the matter; we sent a notice of default inasmuch as the owners of the property were behind in their payments on their trust deed. The City Attorney stated he talked to a number of people since that time and learned the owners were desirous of selling to a manufacturer already in the City and the matter 'nay work itself out. Robert Covell, 4117 Palisades Rd San Diego.. (Lamdon Limited), was present, and stated they had an opportunity to put one of National Cityrs businessmerin a place where he could expand his operation, and stated Lamdon Limited (Cal -Maid Purniture) has had financial difficulties. Roger Ring, 1305 I Avenue, was present, and stated he planned to double his present operation; he needed room for expansion and more parking area; his business was on Cleveland Avenue. Mr. Ring said they employed 35 people at present and hoped to have 100. Councilman Morgan asked how much the first was. Mr. Covell stated the cs ,sling loan was $67,000 with payments of $520.00 per month. Council Morgan stated it was better to have thriving business in the building than to have one that could not pay. Moved by Allen, seconded by Morgan, the sale be approved. Mayor Gautereaux stated the City was in a position of holding a $27,000.00 2nd Trust Deed which was nominal compared to the appraised value of the property ($208,000.00), and stated when the City took the subordinated position a limit of $100,000.00 of total improvement be set; the present owner was asking the Council give consideration to increasing the amount of the sub- ordination clause to allow refinancing so Mr. Ring could purchase it; the 3/22/66 149 amount of the second would be the same, $27,000.00; subordination would have to be $120,000.00. Mayor Gautereaux said the subordination would be raised from $100,000.00 to $120,000.00 in the refinancing. Councilman Morgan withdrew his second. Councilman Colburn seconded the motion. Moved by Allen, seconded by Colburn, the motion include the subordination be raised to $120,000.00. City Attorney Carstens asked for instruction on the notice of default. Mayor Gautereaux suggested the motion include the notice of default be withdrawn. Vice Mayor Allen stated it would be better to hold it until escrow was opened, and then withdraw the default. Mr. Covell said not withdrawing the default would work a hardship on them at the present time; they were using a Trust Deed for working money for payroll; with the notice of default they ;were in a status ouo; they needed the money to keep the people employed. Moved by Allen, seconded by Colburn, the motion include the Council withdraw the notice of default. Mr. Covell said time was of the essence; Mr. Ring was working with limited space and it would work a hardship on him to hold it off too long. Councilman Colburn asked if the motion passed what protection would the City have. Mayor Gautereaux stated the second position was the same as with Cal -Maid ($27,000.00), being paid at $300.00 per month. Vice Mayor Allen stated the Council was only subordinating to the increased amount of money; a third would not mean anything to the City because if we had to foreclose, the third would be out. Motion carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Gautereaux. Nays: Morgan. and CITY ATTORNEY CARSTENS stated last week the Council considered escrow instructions for Dale Building Company and requested an arrangement be worked out with them to give additional guarantee the housing would be built as presented to the Council. The City Attorney stated he met with Mr. Lynd, representing Dale Building and representatives of Title Insurance and Trust Company who handled the escrow, to work out arrangements that would satisfy the question Councilman Colburn asked last week. The City Attorney stated they discussed a "Deed -back" which was used in other situations; they proposed an arrangement that was almost the same thing. The City Attorney stated the original escrow instructions were contingent upon four items in the initial offer accepted by the City and an additional item where the City has the right to approve or disapprove the plans and specifications, and when these items were satisfied the escrow would close with no assurance to the City there would be an FHA commitment or an actual loan. The City Attorney stated the counter proposal was to amend the escrow instructions to require the escrow could not close until two addi- tional items were satisfied: (1) the FHA commitment was obtained, (2) the construction loan was obtained; the Trust Deed to be recorded concurrently with the Deed the City gives to the buyers; in this way as escrow closes the construction loan would be recorded concurrently so they would be committed to that. The City Attorney stated the Dale Building Company felt this would give assurance the project would go ahead by the time the escrow closes; if they don't meet the FHA commitmcttt cr if they don't get the loan, the escrow doesn't close; the City will not have parted with the property; one requirement would be to extend the time of the escrow to accomplish all of this; instead of the escrow closing on August llth it would close on February llth, which would be the maximum time. The City Attorney stated an amendment to the escrow instructions was prepared: "(1) It is understood between the Buyer and Seller, herein, that the time limit of this escrow has been extended to February 11, 1967. (2) Item 3B is amended to read as follows: Approval of FHA of hereinbefore described property, as site for 221 (d) (3) project, and acceptance by FHA of an application of commitment and the issuance of said commitment and the Grant Deed, executed in the escrow, and Construction Loan Deed of Trust, to be executed by Dale Building Company, will be recorded concurrently, based on FHA commitment and construction will be in accordance with FHA approved plans and specifications. (3) In the event said escrow is not consummated in the time limit set out in Item 1, above, then escrow - holder is authorized and instructed to return to the Buyer, herein, - $15,000.00 nowon deposit with escrowholder, less all charges incurred herein. All other terms and conditions 11 remain unchanged." Council- man Hogue stated after escrow closed there was still nothing that said 3/22/66 150 they had to start building and the land would revert back to the City. The City Attorney stated by the time escrow closed they will be so deeply committed financially and otherwise it would be costly not to build; the lending institution would insist they build as a means of paying off. Vice Mayor Allen asked if PHA would not require them to begin construction with 30 days, concurrent with the filing of the loan commitment, etc. Councilman Hogue said if they didn't build they would lose the grant but still have the land. City Attorney Carstens said there was always another "if"; he was trying t^ work out something that would make it financially exorbitant for them not to build; they would have to pay the City $634,000.00; he could not guarantee they would build, but if he were in their position he would build. Councilman Morgan said commissions on the sale would amount to $38,000.00; the City would receive about $600,000.00. Councilman Colburn stated in most of the transactions that have taken a year to close the City has received something for having the land tied up; it was similar to an option; if escrow doesn't close, the $15,000 deposit would be re- funded less certain costs and asked if the Council could require a certain fee or percentage of the money remain with the City. John Lynds, 11 E. Cresta Way, Chula Vista, was present and stated he was sorry to see this getting into technicalities, sometimes the Buyer becomes hesistant about going on; there has never been a contract or escrow that covered all eventualities. Mr. Lynds stated between the City Attorney and Mr. Bachman we went along with the Council's change in the original acceptance of the offer; there was a ouestion in some of the Council member's minds what would happen if we didn't build; the Council has every guarantee that would allow us to do what is expected. Mr. Lynds stated it was unfair to ask them to refund a portion of the $15,000, but if they had to they would work out some percentage refund; he.;:cauld :not: sires f M. _Ctiestesa. Moved by Hogue, seconded by Colburn, the City Attorney's recommendation on the escrow amendments be approved. Councilman Morgan stated the General Plan did not have low rental apartments in this area; there was an offer made for more money than this offer on the property; the other developer would build a bank, drug store and department store, and apartments, 100 units at a time, and not upset the City as much as building them all at once as was covered in the G, oral Plan. Vice Mayor Allen stated the offer mentioned by Councilman Morgan was not based on their consideration for the City, it was based on their financing; they only wanted the choicest pieces of property in the City. Motion to accept the escrowamendments carried, by the foliov.ing vote, to -wit: Ayes: Alien, Colburn, Hogue, Gautereaux. Nays: Morgan. Mayor Gautereaux, in answer to Vice Mayor Allen's question, stated he was not involved in any way with the sale of this development. CITY ATTORNEY CARSTENS stated the Annual Attorney's Conference would be in Palm Springs, March 31-April 1st, and requested the Council's approval to attend. Moved by Alien, seconded by Morgan, the City Attorney's request be granted. Motion carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: Morgan. COUNCILMAN COLBURN stated the Council supported a change in legislation to provide 'wizens the opportunity to vote for a salary for the Mayor; this resulted from legislation for General Law Cities to pay their councilmen a stated amount; in that particular law they did not say the cities could pay less; and suggested, for clarification, the Council support a lc:wr that would allow -the cities to pay less, if this was their desire, at the time the law came into ef'f"ect. Moved by Colburn, seconded by Morgan, the Council support Assembly Bill 86 if the facts are correct so cities can continue to pay their I ayor and Councilmen less than the last bill stated they were to receive. Councilman Hogue stated the intention of the law was misinterpreted; and now they wanted to change the interpre- tation so that it would be left to the''discrepancy°of the citizens of the community. Vice Mayor Alien stated before he could vote he would have to read the bill. City Attorney Carstens said he spoke to Assemblyman Donovan and understood the matter was on special call; he also talked to him about the matter of pay for the Mayor. The City Attorney said he prepared a legislative draft and the Legislative Counsel was also •-=paring one to provide for an independent and better salary for Mayors 3/22/66 151 if elected by the people; the bill as it now stands says either the Council adopts the limits specified in the present legislation or Councilmen get paid nothing. Councilman Colburn stated this was brought to his attention at the League of lifornia Cities meeting last Friday. Mayor Gautereaux stated he received a communication from Assemblyman Donovan also, and the San Diego Division of the League of California Cities concurred in this. . Motion carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. COUN.ILMAN MORGAN stated last week the Council merely filed the communica- tion from the County requesting cooperation in zoning and building within the floodway of the Swee*•Zter River Plc-1 Control Channel. Mr. Foster said it should be protected, and asked if something further should be done. Mayor Gautereaux explained the Council had acted on the matter. VICE MAYOR ALLEN asked Acting City Manager Foster if the City still had a policy of oiling or blacktopping streets which were to be under 1911 Act proceedings prior to the start of the improvement. Acting City Manager Foster stated the position was not clear; the City had been known to do it. Vi,-o•R,aycr Allen stated a 1911 Act improvement was instituted for Coolidge Avenue west of 24th Street and something should be done before it can be brought to public hearings. Moved by Morgan, seconded by Hogue, it be referred to the City Manager. Carried by unanimous vote. VICE MAYOR ALLEN reported he received an announcement of the birth of a daughter to Assemblyman Jim Mills and his wife Joanna. MAYOR GAUrEREAUX introduced his sons Richard Jr. and Cliff, who were present. MAYOR GAUTE1AUX reported John Bate), Director, Unified Port District, was on a leave of absence pending retirement in August because of hie health. The Mayor suggested the Council adopt a resolution congratulsating Mr. Bate on the contribution he has made, and expressing our sympathy as to his health and best wishes to him and his family. Moved by Morgan, seconded by Colburn, the Mayor's recommendation be approved. Carried by unanimous vote. MAYOR GAUTEREAUX presented a resolution forwarded from Sheriff J. C. O'Connor, San Diego, in regard to opposing proposed constitutional ini- tiative to legalize the manufacture, sale and transportation of marijuana; he recommended it be referred to the Clerk for copies for the Councilmen and the %tem be on the Agenda for action by the Council. Moved by Allen, seconded by Morgan, the Mayor's recommendation be approved. Carried by unanimous vote. JOHN STONE, 1003 Plaza Blvd., Attorney, was present and stated he repre- sented those people within National City i n the Lincoln Acres Sewer District. Mr. Stone stated the City was obligated to these people who annexed to National City for trunk lines; the City made an agreement with the County to allow portions of the City to be within the assessment district and the City will save $12,000.00 to $14,000.00 because pumping stations will be eliminated; other residents of National City were supplied with trunk lines, and it was only fair these people should too. Mr. Stone requested the Council to make a motion to accept and obligate the City to pay for the trunk lines on the basis of savings on the pumping stations. Mayor Gautereaux stated the last action in regard to the matter was referred to staff for the amount of the City's participation and nothing could be done until such time as the 1911 Act Hearings were concluded and the cost of the system established. Councilman Hogue stated it was turned over to the City Manager, and as soon as actual cost was determined he would bring a recommendation to the Council. Councilman Morgan stated they only wanted to know what percentage of the amount the City would pay. Moved by Morgan, the Council instruct the City Manager to bring back a report in two weeks to tell them hoavmuch we can pay on a 1911 Act on the sewer in Lincoln Acres. Motion died for lack of second. Mayor Gautereaux stated the Council was aware of the savings of these pumping stations and it would be taken 3/22/66 152 into consideration. TOM LEONARD, 2740 Lincoln Court, was press t and said he would like to add some information; in 1948 the City received 3/4 of a million dollars which went into the gr..und in ; Fe form of sewers; this amount was supposed to have been paid back from the monies received from sewer laterals; most of the people paid $245.00 for their connections to the sewer, some otherspaid amounts ranging from $35.00 to $320.00. Mr. Leonard said connection to the sewer are still being made; and this was what they wanted when they annexed to National City: the opportunity to connect to the sewer for $245.00. Mr. Leonard said some of the City officials were up in the Lincoln Acres area urging them to annex to the City so they would not have to join the Sewer District; then the Council signed an agreement with the County that put them in the Sewer District. Mr. Leonard said in view of all the facts the only cost to them should be $245.00 whether they were in the Sewer District or not. Mr. Leonard said he did not know w%et happened to the fund that was to have been built up by the sewer connection fees; he understanding was it was depleted; the 3/4 million dollars is gone. Mr. Leonard said he hoped the Council would do the fair thing by its new citizens. PAYROLL AUDITED BY THE FINANCE CCMMITTE in the amount of $59,720.60 was presented. Moved by Colburn, seconded by Allen, the payroll be approved and warrants ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. THE CITY COUNCIL considered the mat+er of escrow instructions for the sale of City -owned land to Westcott Motors. Acting City Manager Foster stated the Council authorized the execution of the Grant Deed by Resolution last week; previously the Council had asked to review the escrow instructions; it was overlooked. Mr. Foster said a copy of the instructions was given to each of the Councilmen for review. Moved by Morgan, seconded by Allen, the escrow instructions be approved. Carried, by the following vote, to -Wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. THE RESULT OF THE OPENING OF SEALED BUDS for Furnishing and Decorating the Civic Center were presented. City Clerk Minogue stated bids were opened in her office Monday, Marrh.:21st at 3:00 p.m.: Austin Safe & Desk Company, $45,902.74; Fischer Office Equipment Company, $39,430.99; Southwest Office Furniture Company, $46,174.60. Acting City Manager Foster said the bids were referred to the architect for analysis and read a letter from the architect recommending the acceptance of Southwest Office Furniture Company bid as the other bids did not meet specifications. Councilman Morgan stated he did not understand why the bid was put out the way it was; a person had to bid on desks and office chairs, carpets and drapes; there were only three or four companies in San Diego that could figure the office equipment; there should have been separate bids. Mayor Gautereaux stated the matter came to the Council and on recommendation of the City Manager and the architect acceptance of the responsibility of drawing the sp-^i- fications in order to have continuity of colors and Quality the contract was placed in the architect's hands; these were total furnishings and there were companies who qualified to do the total work; there was not enough time to put this out to bid again. Councilman Morgan stated when it was lumped together it eliminated National City people who might have bid on portions; it should be put to bid again. Moved by Morgan, the figuresbe rejected and the architect instructed to go to bid under three separate figures (desks and chairs; carpets;and drapes). Motion died for lack of second. Moved by Allen, seconded by Hogue, the Council accept the recommendation of the architect, the firm he recommended and declare all other bids out. Councilman Colburn stated the design, con- tinuity, the quality, and the ability to perform were necessary factors; tbis was done just as if it was a general contractor doing the building which is a amble way to do it; if there are any problems we have only one office to have recourse; we would be taxing our staff if they had to go to a number of places to get any errors rectified. Councilman Morgan stated if the bid was put out like he suggested the rugs and draperies could be in before we move and after the building is completed the desks could be brought in; we could save money by putting it out for bid in three separate bids. Councilman Hogue stated the Council allowed Mr. Bird, 3/22/66 153 the architect, who was a resident of National City, to do the job and he was interested in conserving as much of the taxpayer's money as he could. Mayor Gautereaux stated all the bids were under the $55,000.00 figure estimated. Al Zale, 6491 Lake Shore Drive, San Diego, representing Austin Safe & Desk Company, was present and stated his company was the low bidder by $6500.00 to $6600.00 and they objected to the architect's statement they did not meet the specifications; they met the specifications in many ways; where they didn't bid what Was specified they bid an equal product, equal in quality and design. Mr. Zale requested before acceptance of the architect's recommendation a committee be formed to investigate the bids. Moved by Morgan, this motion be tabled until the next Council meeting. Motion died for lack of second. Motion to accept the architect's recommendation carried by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: Morgan. RESOLUTION NO. 9091, "RESOLUTION ACCEPTING BID FOR CIVIC CENTER FURNISHINGS AND DECORATING," was read. Moved by Colburn, seconded by Hogue, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Gautereaux. Nays: Morgan. A COMMUNICATION FROM MRS. JACK W. MEIER, expressing apprepiation to National City Police Department for emergency assistance, was Twesdnted. Moved by Alien, seconded by Morgan, the communication be read. Carried by unanimous vote. City Clerk Minogue read the letter. Moved by Allen, seconded by Colburn, the communication be acknowledged and filed. Carried by unanimous vote. AN APPLICATION FOR REFUND OF $25.00 PERFORMANCE BOND by Irma Barajas, 1341 Coolidge, was presented. Moved by Alien, seconded by Hogue, it be approved and warrant orderer} drawn for same. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. THE TRAFFIC SAFETY COMMITTEE'S recommendation 8th Street be widened from L Avenue to Interstate 5, was presented. Vice Mayor Alien asked the City Attorney if a 1911 Act project had been instituted by the Council for 8th Street. City Attorney Carstens said there was no Engineer's Report. Acting City Manager Foster stated there were a number of people who took out petitions for a 1911 Improvement but they did not bring them back; they were having a hard time getting signatures and:asked how much the City would contribute but he couldn't tell them. Vice Mayor Allen stated a motion was made some months ago in regard to improving Granger and 20th Street, and this street was also included. Councilman Morgan stated the petitions taken out had few signatures; people did not seem in favor of it and it never got off the ground; he thought it might be protested out at a hearing. Councilman Hogue suggested since the Traffic Safety Committee was concerned about the present danger the Council try to expedite the needed improvement by instigating a 1911 Act. Moved by Morgan, the matter be referred to the City Manager to meet with the people concerned and bring back a recommendation. Motion died for lack of second. Moved by Allen, seconded by Hogue, the City Manager and City Attorney be instructed to instigate a 1911 Act on 8th Street from L Avenue to Interstate 5. Motion carried by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: Morgan. Moved by Allen, seconded by Morgan, the Traffic Safety Committee's report be filed. Carried by unanimous vote. AN APPLICATION FOR OFF -SALE BEER AND WINE LICENSE by Ernest J. and Agnes F. DiCarlo, dba DiCarlo's Italian Grocery, 1539 E. 8th Street, was pre- sented. Moved by Hogue, seconded by Colburn, it be filed. Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Gautereaux. Nays: None. Abstaining: Morgan. AN APPLICATION FOR OFF -SALE BEER AND WINE LICENSE by the Southland Corpor- ation, dba Speedee Mart # 20, 824 Palm Avenue, was presented. Moved by Allen, seconded by Colburn, it be filed. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: None. Abstaining: Morgan. THE MINUTES OF THE CIVIL SERVICE COMMISSION meeting of March 16th were presented. Ordered filed by unanimous vote.. 3/22/66 154 ACTING CITY MANAGER FOSTER presented a recommendation from the Civil Service Commission Joe Reeves, Planning Aide, who left the City be placed on the reinstatement list as of March 16th to continue for a period of 18 months. Moved by Allen, seconded by Colburn, the Civil Service Commission's recommendation be approved. Carried by unanimous vote. ACTING CITY MANAGER FOSTER presented a letter from the Chairman of the Civil Service Commission recommending a contract be entered into with the State of California Personnel Board for furnishing examinations, etc. for the Civil Service Commission. Moved by Allen, seconded by Hogue, it be approved if there was money in the budget. Mr. Foster stated the price was nominal and was determined on a sliding scale. Motion caried by unanimous vote. RESOLUTION NO. 9092, "RESOLUTION AUTHORIZING EXECUTION OF COST SERVICE AGREEMENT (State Personnel Board)," was read. Moved by Allen, seconded by Hogue, the Resolution be ad:,pted. Carried, by the follo:tng vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. ACTING CITY MANAGER FOSTER stated Bay Cities Ambulance requested permits for two additional ambulances at the $4.00 fee; they had proper insurance; and recommended the request be approved. Moved by Morgan, seconded by Alien, Mr. Foster recommendation be approved. Carried by unanimous vote. ACTING CITY MANAGER FOSTER reported he had a request from Imperial Constant Communications, 1085 Cherry Avenue, Imperial Beach, stating they were trying to form a corporation to furnish radio service for raein-•telephone outlets, and requesting the Council approve the activity. Mr. Foster stated he talked to City Manager Wynn of Imperial Beach who indicated their Council approved it as he was a resident of Imperial Beach trying to start a business. Moved by Hogue, seconded by Morgan, the item be laid over and copies of the letter be put in each Councilman's folder. Carried by unanimous vote. ACTING CITY MANAGER FOSTER presented a request from the Roosevelt Avenue Baptist Church for permission to use the picnic area above the swimming pool in Las Palmas Park for an Easter Sunrise Service, April loth; Mr. Foster said there was no conflict and recommended approval. Moved by Allen, seconded by Morgan, Mr. Foster's recommendation be approved. Carried by unanimous vote. THE ACTING CITY MANAGER stated he had a letter from T. M. Heggland, San Diego County, in regard to flood control taxes, and recommended it be placed in the Councilmen's folders. Moved by Hogue, seconded by Alien, Mr. Foster's recommendation be approved. Carried by unanimous vote. ACTING CITY MANAGER FOSTER said the estimated cost for two directory Boards for the new Civic enter was $238.11, and recommended approval. Moved by Morgan, seconded by Alien, Mr. Foster's recommendation be approved. Carried by unanimous vote. ACTING CITY MANGER FOSTER stated, in regard to the City Clerk's and City Treasurer's vaults in the new Civic Center, it was suggested an alarm system be installed; it was also suggested for the Court vaults upstairs but they did not feel it was necessary. Mr. Foster stated the electrical estimate for vault No. 124 was $114.70, and vault. No. 129 was $165.52, and the estimate for ceiling remodeling and repairs for both was $202.10, and recommended approval. Moved by Allen, seconded by Colburn, Mr. Foster's recommendation be approved. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: Morgan. THE ACTING CITY MANAGER stated last week it was reported Mr. Colvin had been contacted in regard to Parcel No. 8 (Dale Building Company escrow). Mr. Colvin brought it before the National School District Board and they said they would negotiate. Mayor Gautereaux recommended the matter be referred to the City Manager and City Attorney for negotiations. Moved. by Morgan, seconded by Hoguev the Myor's recommendation be approved. Carried by unanimous vote. 3/22/66 155. CITY ENGINEER FOSTER reported paving was finished on 26th Street from 0 Avenue to F Avenue, and paving was started on = Street and Harding Avenue; the people running the trucking business (Mueller) bought the material for it. MAYOR GAUIEREAUX reported receipt of the report from Leeds, Hill and Jewett which involves the cities of National City, Chula Vista, s the South Bay Irrigation District., and the Otay Municipal Water District. The Mayor stated he and Councilman Hogue represented the Council on the Committee; the South Bay Irrigation District requested a meeting in regard to the report. The Mayor suggested (since it was so close to election time and changing of seats on the Council) it be deferred until the Council was reseated. Moved by Morgan, seconded by Allen, the_Mavor's ecommendation be approved. Councilman Hogue stated he thought they should have the one meeting to give the Council some guidelines. Motion carried by unanimous vote. CITY CLERK MINOGUE read a letter from Senator George Murphy acknowledging receipt of Resolution No. 9074, and outlining,his position in regard to federal assistance to schools in impacted areas. CITY CLERK MINOGUE reported receipt,from the County Department of Special District Services, of copies of Order for, Possession, Summons, Complaint and Condemnation, Superior Court of the State of California, County of San Diego and City of National City plaintiffs vs. Howard G. Morris;.n-, et al,and stated they would be on file in her office. THE CITY TREASURER'S REPORT of February 28th was presented. Moved by Allen, seconded by Morgan, the City Treasurerts Report be approved. Carried by unanimous vote,. MOVED BY COLBURN, seconded by Mir, the City Engineer look into the possibility of Gas Tax Funds to improve Coolidge Avenue if it was to be opened and continued south 'tato the new industrial area. City Engineer Foster stated he would report on it next week. Motion carried by unanimous vote. MOVED BY ALLEN, seconded by Colburn, the meeting be closed. Carried by unanimous vote. The meeting closed at 10:08 p.m. ATTEST: L CITY, CALIF 3/22/66