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HomeMy WebLinkAbout1965 11-02 CC MINMINUTES OF THE REGULAR MEETING OF TFII CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA NOVEMBER 2, 1965 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: Foster, Huffaker, Minogue, Osburn. The meeting was opened with salute to the Flag led by City Manager Osburn, followed with invocation by Chaplain Donovan Myers, U.S. Naval Station. Moved by Colburn, seconded by Allen, the minutes of the regular meeting of October 26th be apprcved. Councilman Morgan requested in the last paragraph, page 262, the words "north side" be removed from the motion in regard to Council instigation of a 1911 Act Improvement on Granger Avenue, 24th Street, and 20th Street. Carried by unanimous vote. MAYOR GAUTEREAUX announced the Deputy City Attorney would attend the Council meeting but would not arrive until 8:00 o.m. and requested the reading of resolutions and ordinances be deferred until that time. COUN^ICILMAN MORGAN inquired about the 1911 Act Improvement petitioned for Coolidge Avenue south of 24th Street and the sewer; he stated one man had 7 units on a cess pool and has not been able to keep his tenants. Moved by Morgan, seconded by Colburn, the 1911 Act and the sewer be referred to the City Manager for a full report next week. City Engineer Foster explained a petition was received some time ago, however, since then the Overmeir deal fell through and there have been many changes; 28th Street was opened; the things actually petitioned for are not necessarily the things they need. The City Engineer said there was to have been a meeting with the Matthews Company to discuss it, but he did not believe the meeting had taken place; he was not prepared to go into it any further now. Mayor Gautereaux asked that the deferment granted to Red-E-Crete be included in the report. `lice Mayor Allen asked if the sewer was to be included in the 1911 Act. Councilman Morgan stated the owners had been pumping and it was expensive; now all the tenants have moved out and the windows were being broken and the doors torn off; they are anxious to have both sewer and streets which is why he included it in the report. Motion carried by unanimous vote. MO)ED BY MORGAN, seconded by Colburn, the City Engineer study L Avenue south of the Plaza and bring_back a report to the Council on the opening of L and whether or not the widthnof the street on the hill can be reduced. Vice Mayor Allen asked if the intention was to reduce the street given to the City. Councilman Morgan stated City ordinance require streets must be 60 feet in width; on the hill portion where there will be no traffic entering, it could be treated like a bridge; it could be 60 feet on the level. Vice Mayor Allen stated on the top of the hill the street is dedicated and wondered if the intention was to give up a portion, narrowing the street. Mayor Gautereaux stated the zone variance granted by the Council was subject to the opening of the street, and until the zone variance was carried out we would not know what we required. Councilman Morgan said the policy was to have 60 foot streets and the whole deal could be killed unless L Avenue could be considered a "bridge" on the hill. Councilman Hogue asked if the dedication of L Avenue hinged on the development of the property. Mayor Gautereaux stated Mr. Gilmore appeared before the Council and spoke of the possibility of opening N Avenue and it might be to the City's advantage to have N Avenue rather than L Avenue opened. (Director of Planning Stockman arrived and took her place at the meeting.) Councilman Morgan stated the engineer's report would only indicate whether or not the narrow "bridge" would work; if L or N Avenue were not opened then the City should take back M Avenue. Moved by Morgan, seconded by Colburn, the motion include N Avenue be studied. Mayor Gautereaux asked if the street were to be dedicated who would improve it; they have no intention of improving it. Councilman Hogue stated the resolution to close M Avenue should be rescinded. Councilman Morgan stated if he 11/2/65 2 had known L Avenue was not opened, he would not have voted to close I i Avenue; that was not the intention of his motion. MLs. J. R. -.night, 1431 L Avenue, was present and stated there was more than one problem involved; there was a street, a domestic sewer and drainage; and if these three could be in a single pathway, it might be worked out economically for everyone and would give an entry way to the area. Councilman Morgan stated if another solution could be found it was all right with him; but it should be worked out. lice Mayor Allen stated once a street was closed, if it were to be opened it would revert back to the adjoining property owners fee simple; and the cost of condemning the land and paying the appraised price would be high. Mayor Gautereaux said the basic problem was Mrs. :night was trying to protect her property; the Plaza Corporatior was trying to protect their property and the Council should work with both property owners in trying to arrive at a solution; the objectives of both property owners would have to be known. Motion carried by unanimous vote. MAYOR GA,UTRR-AUX announced it was Councilman Colburnts 36th birthday. E. H. ALSDORF, 2105 J Avenue, was present and stated he was not in favor of closing any streets; he was in favor of being able to get into South Bay Plaza without going four blocks out of his way. Mr. Alsdorf thanked the Council for the work done on 22nd Street between J and K. Leroy McClellan, 3135 Shelby Drive, was present and stated his property and other properties were annexed to National City last year but he and the other owners were being taxed by the Fire District as well as the City. Mayor Gautereaux said it was referred to the City Attorney for clarification and it would be expunged from the tax bill; the City Manager would be in touch with him. COUNCILMAN HOGUC asked if a person whose property was not on the sewer line was required to pay the sewer service charge. Mayor Gautereaux answered he would he required to pay the charge if it was possible for his property to be hooked to the sewer; the City pays for his gallonage whether he is using the service or not. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General r nd $22,461.87 Traffic Safety 647.06 Park 466.77 Retirement 5,240.87 Bond Fund 9-A 10,173.21 Gas Tax 185.1 16,909.98 Trust and Agency 63.00 Special Street 2,465.61 Drainage 1,068.45 Sewer 13,830.92 Civic Center 108,50 T OTAL $78,436.24 Moved by Colburn, seconded by Allen, 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. CITY MANAGER OSBURN read paragraph 3 of former City Manager Hess's letter of transmittal for the tenative budget for 1965-66 in regard to OLIVEWOOD HOUSING: "The matter of the existing Olivewood Housing should be considered. If the Housii is razed, we could sustain a loss in revenue of up to $118,000.00. However, due to additional savings in salaries paid to Olivewood employees, possible sales tax revenue increases (not already computed in this budget), I believe the gross loss would be reduced to some $60,000.00, I estimate we will have $275,000.00 on hand in the General Fund to begin the fiscal year 1965-66. If Olivewood were razed subtracting the $60,000.00 would mean that we could still have $215,000.00 on hand, which would mean that we would enter the fiscal year 1966-67 with an amount less than the $250,00.00 minimum set by our Auditor." The City Manager stated since July 1st Olivewood Housing has shown a gross income 11/2/65 3 of $43,793.76, an average monthly net profit of $5,041.00 over the last two months; at the present time there are a total of 127 buildings, 68 apartment vacancies, total building vacancies 8. The City Manager said he and Director of Housing Gautereaux have been considering the effects of totally phasing out Housing, the study has related to personnel, workshop, tool and equipment stor- age, however, they were not ready to make a final recommendation. Moved by Allen, seconded by Gautereaux, the City Manager report within the next two weeks on what the effect Would be on the budget and on the City as a whole if the public housing between 22nd and 24th Streets and between A Avenue and D Avenue were razed. Councilman Morgan stated the Housing should never be con- sidered in another budget after June 30, 1966, but the present budget should not be disturbed. (Deputy City Attorney Todd arrived and took his place at the meeting.) Councilman Hogue stated the average monthly net income last year was $10,000.00, now it was $5,000.00; the personnel should be moved to another area where they could be used much better; he did not know how long factories could continue in business if they maintained a full payroll during a period of lower income. Motion carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux, Nays: None. RESOLUTION NO. , resolution giving notice of proposed annexation to the City of National City of uninhabited territory described herein and designated "Richardson Annexation" and giving notice of time and place for hearing of pro- tests hereto was presented. Moved by Allen, seconded by Colburn, the reading of the resolution be waived and it be adopted by reading of the title only. Carried. by unanimous vote. RESOLUTION NO. S020, "RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO THE CITY OF NATIONAL CITY OF UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED 'RICHARDSON ANNEXATION' AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO." Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 9021, "RESOLUTION DECLARING WITHDRAWAL OF CERTAIN PORTIONS OF LOWER SWEETWATER LOCAL FIRE DISTRICT, " was read. Moved by Colburn, seconded by Alien, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO, , resolution ordering notice of sealed bids and setting bid opening date (Prospect Street, 16th Street to 18th Street, Assessment District No. 145), was presented. Moved by Alien, seconded by Colburn, the reading of the Resolution be waived and it be ado.pted by reading of the title only. Carried by unanimous vote. RESOLUTION NO. 9022, "RESOLUTION ORDERING NOTICE OF SEALED BIDS AND SETTING BID OPENING DATE (Prospect Street, 16th to 18th Street, Assessment District No. 145). Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. , resolution requesting landscaping and beautification of area along Harbor Drive, was presented. Moved by Colburn, 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. 9023, "RESOLUTION REQUESTING LANDSCAPING AND BEAUTIFICATION OF AREA ALONG HARBOR DRIVE." Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. ORDINANCE NO. , an ordinance approving the annexation of certain uninhabited territory designated "Morrison Annexation" to the City of National City, was presented for the second reading. Moved by Allen, seconded by Colburn, the second reading of the Ordinance be waived and it be adopted by reading of the title only. Carried by unanimous vote. ORDINANCE NO, 1120, "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED ,MORR/SON ANNEXATION' TO TH3 CITY OF NATIONAL CITY." Moved by Colburn, seconded by Allen, the Ordinance be adopted. Carried, by the follow- ing vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CORRECTED 11/16/65 11/2/65 3 of $43,793.76, an average monthly net profit of $5,041.00 over the last two months; at the present time there are a total of 127 buildings, 68 apartment vacancies, total building vacancies 8. The City Manager said he and Director of Housing Gautereaux have been considering the effects of totally phasing out Housing, the study has related to personnel, workshop, tool and equipment stor- age, however, they were not ready to make a final recommendation. Moved by Allen, seconded by Gautereaux, the City Manager report within the next two weeks on what the effect would be on the budget and on the City as a whcle if the public housing between 22nd and 24th Streets and between A Avenue and D Avenue were razed. Councilman Morgan stated the Housing should never be considem. in another budget after June 30, 1965 but the present budget should not be disturbed. (Deputy City Attorney'Tedd arrived and took hie place at -the meeting, Councilman'T-o.gue stated the average vonthly net income lost yeer was $10,000<OO, now it was $5,000, and sai the personnel should' be rove:'. to another area where they could b_ used much better; he did not know how long factories could continue in business if they maintained a full payroll during a period of lower income. Motion carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO.___, "resolution giving notice of proposed annexation to the amity of National City of uninhabited territory described herein and designated 'Richardson Annexation'and giving notice of time and place for hearing of protest' hereto was presented. Moved by Allen, seconded by Colburn, the reading of thee resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. RESOLUTION NO. 9020, "RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO TIC CITY OF NATIONAL CITY OF UNINHABITID TERRITORY DESCRIBED HEREIN AND DESIGNATED 'RICHARDSON ANNEXATION' AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO." Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 9021, "RESOLUTION DECLARING NITMDRAWAL OF CERTAIN PORTIONS :F LOI,IER SWEETWAT R LOCAL FIRE DISTRICT," was read. Moved by Colburn, seconded by Allen, the Resolution be adopted. Carried, by the following vote, to -grit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO.____, "resolution ordering not opening date (Prospect Street, 16th Street No. 145)," was presented. Moved by Alien, the Resolution be waived and it be adopted Carried by unanimous vote. ice of sealed bids and setting 'bid to 18th Street, Assessment District seconded by Colburn, the reading of by reading of the title only. RESOLUTION NO. 9022, "RESOLUTION ORDERING NOTICE cg SEALED BIDS AND SETTING BID OPENING DATE (Prospect Street, l5th Street to l8th Street, Assessment District No, 145)." Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION HO.___,"resolution requesting landscaping and beautification of area along Harbor Drivet4 was presented. Moved by Colburn, seconded by Alien, the reading of the resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. RESOLUTION NO. 9023, "RESOLUTION REQUESTING LANDSCAPING AND BEAUTIFICATION OF AREA ALONG HARBOR DRIVE". Moved by Alien, seconded by Colburn, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. ORDINANCE NO. , "an ordinance approving the annexation of certain uninhabite- territory designated 'Morrison Annexation' to the City of National City," was presented for the second reading. Moved by Allen, seconded by Colburn, the second reading of the Ordinance be waived and it be adopted by reading of the title only. Carried by unanimous vote. 11/2/65 /e-err ORDINANCE NO. , an ordinance amending Ordinance No, 962, zoning ordinance of the City of National City, California (Morrison Annexation), was presented for the second reading. Moved by Allen, seconded by Colburn, the second reading of the ordinance be waived and it be adopted by reading of the title only. Carried by unanimous vote, ORDINANCE NO. 1121, "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITYJALIFORNIA (Morrison Annexation)." Moved by Allen, seconded by Colburn, the Ordinance be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. THE CIVIL SERVICE COMMISSION report signed by Chairman McGrath stating there were seven applications for the closed examination for Administrative Assistant was read. Moved by Allen, seconded by Colburn, the report be accepted and filed. Carried by unanimous vote. CITY ENGINEER FOSTER reported in regard to the reflector posts at the end of 9th Street, he, the Chief of Police and staff of the Engineering Department made an inspection of the posts; in their opinion because it was the end of a dedi- cated street there should be reflector posts and they should be no smaller. The City Engineer said, however, complaints were received from the trash col- lector and the owner of the property. The City Engineer stated the posts can be removed. Moved by Morgan, seconded by Allen, it be on the Agenda for next week. Councilman Colburn stated he hoped the City Manager would get the opinion of the City Attorney whether or not the City would be liable in case someone drove up the street and entered the private property and an accident occurred. Carried by unanimous vote. CITY MANAGER OSBURN reported in regard to the application of the Carnation Cab Co. to operate taxicabs in National City, a receipt for application for business license was issued on September loth; the business license form and receipt have been in use for some years and are confusing; it was the City's intent this was a receipt; it could easily be mistaken for a license; Carnation Cab Co. on ob- taining the receipt presumed it to be a license and ordered vehicles and radio equipment. The City Manager said the City Attorney examined the form used for receipt for payment of application for business license and said the City might lose if the matter were taken to court. Moved by Morgan, seconded by Hogue, the license be issued to Carnation Cab. Co. for five cabs. Councilman Colburn stated he was in sympathy with Mr. Stewart's problem and possibly there was a misunderstanding, but we did not have to justify it by issuing 5 permits; he favored compromise; he would rather the City Manager would negotiate for permits for 2 cabs; the radio equipment that was ordered was delivered but is used in places other than National City. Councilman Colburn stated until we get a new taxicab ordinance to limit the number of cabs on the City's streets he hoped the maker of the motion would consider 2 cabs only. Councilman Morgan stated the Yellow Cab Co. has permits for 209 cabs. Councilman Hogue stated right was right; the man acted in good faith; there was a misunderstanding and one of the City employees caused him to believe there was no objection to his licenses; the man was entitled to his 5 cabs. Mayor Gautereaux stated there comes a time when a decision has to be made; the Council should stand by their previous decision; the Council has only the man's own statement of his losses; he has re- course against the City; the Council should do nothing but continue to reduce the number of taxicabs on the streets. Motion failed, by the following vote, to -wit: Ayes: Hogue, Morgan. Nays: Allen, Colburn, Gautereaux. Moved by Allen, seconded by Colburn, the Council remain firm to the decision made .re- viously and, when the ordinance is drawn and adopted, if we see fit to permit more companies and less cabs, Mr. Stewart be given consideration. Councilman Hogue stated this was not right, the man was given the impression by a City em- ployee he had a license and the Council should stand in back of the citizens. Councilman Morgan said the man should have 5 cabs but he would compromise and permit 2 as suggested. Councilman Colburn said he was impressed with M. Stewart's services to the community he now serves; but if he were granted per- mits now for 5 cabs, when the new ordinance controlling the amount of cabs was adopted it might affect him,if he were issued any licenses, he might buy more equipment and would be in worse position than he is now. Councilman Morgan said the City Attorney's opinion was the City might lose if it were taken to court; the City could be forced to issue licenses to Mr. Stewart. Motion carried, by the following vote, to -wit: Ayes: Alien, Colburn, Gautereaux. Nays: Hogue, Morgan. CITY MANAGER OSBURN stated it was recommended the oversize driveway requested by the Union Oil Company be approved subject to their purchasing a new traffic CORRECTED 11/16/65 11/2/65 4 ORDINANCE N.O. 1121, "AN ORDINANCE AMEMDING ORDIi ANC' MO. 932, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA (Morrison Annexation)." Moved by Allen, seconded by Colburn, the Ordinance be aciooted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Horgan, Gautereaux. Mays: None. THE CIf7IL SERVICE COMMISSION report signed by Chairman McGrath stating there were seven applications for the closed examination for Administrative Assistant was read. Moved by Allen, seconded by Colburn, the report be accepted and filed. Carried by unanimous vote. CITY ENGINEER FOSTER reported in regard to the reflector posts at the end of 9th Street he, the Chief of ?olice and staff of the Engineering Department made an inspection of the posts; in their opinion because it was the end of a dedicate street there should be reflector posts and they should be no smaller. The City Engineer said, however, complaints were received from the trash collector and the owner of the property. The City Engineer stated the posts can be removed. Moved by Morgan, seconded by Allen, it be on the Agenda for next week. Council- man Colburn stated he hoped the City Manager would get the opinion of the City Attorney whether or not the City would be liable in case someone drove up the street and entered the private property and an accident occurred. Carried by unanimous vote. CITY MANAGER OSBURN reported in regard to the application of the Carnation Cab Co. to operate taxicabs in National City, a receipt for application for business license was issued on September 10th; the business license form and receipt have been in use for some years and are confusing; it was the City's intent this was a receipt.it could be easily mistaken for a license; Carnation Cab Co. on obtaining the receipt presumed it to be a license and ordered vehicles and radio equipment. The City Manager said the City Attorney examined the the form used fe- receipt for payment of application for business license and said the City might lose if the matter were taken to court. Moved by Morgan, seconded by Hogue, the license be issued to Carnation Cab Co. for five cabs. Councilman Colburn stated he was in sympathy with Mr. Stewart's problem and possibly there was a misunderstanding, but we did not have to justify it by issuing 5 permits; he favored compromise; he would rather the City Manager would negotiate for permits for 2 cabs; the radio equipment that was ordered was delivered but is used in places other than National City. Councilman Colburn stated until we get a new taxicab ordinance to limit the number of cabs on the City's streets he hoped the maker of the motion would consider 2 cabs only. Councilman Mogan stated the Yellow Cab Co. has permits for 209 cabs. Councilman Hogue stated right was right; the man a ted in good faith; there was a misunderstanding and one of the City employees caused him to believe there was no objection to his licenses; the man was entitled to his 5 cabs. Mayor Gautereaux stated there come: a time when a decision has to be made; the Council should stand by their previous decision; the Council has only the man's own statement about his losses; he has recourse against the City; the Council should do nothing but continue to reduce the number of taxicabs on the streets. Motion failed, by the following vote, to -wit: Ayes: Hogue, Morgan, Nays: Allen, Colburn, Gautereaux. Moved by Allen, seconded. by Colburn, the Council remain firm to the decision made previously and, when the ordinance is drawn and adopted, if we see fit to permit more --companies and less cabs, Mr. Stewart be given consideration. Councilman Hogue stated this was not right; the man was given the impression by a City employee he had a license and the Council should stand in back of the citizens. Councilman Morgan said the man should have 5 cabs but he would compromise and permit 2 as suggested. Councilman Colburn said he was impressed with Mr. Stewarts services to the community he nor serves; but if he were granted permits now for 5 cabs, when the new ordinance controlling the amount of cabs was adopted it might affect him; if he were issued any licenses, he might buy more equipment and would be in worse position than he is now. Councilman Morgan said the City Attorney's opinion was the City might lose if it were taken to court; the City could be forced to issue the licenses to Mr. Stewart. Motion carried, by the following vote, to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hogue, Morgan. CITY MANGER CSEURN stated it was recommended the oversize driveway requested by the Union Oil Company be approved subject to their purchasing a new traffic 11/2/35 5 signal standard and install same to the specifications of the City; this was agreed to by the Union Oil Company, the City, and the Gas and Electric Company. Moved by Morgan, seconded by Allen, the oversize driveway be permitted. Carried by unanimous vote. THE SALE OF CITY -OWNED LAND AS outlined in the Real Estate Committee minutes of October 22nd was considered at this time. Moved by Morgan, seconded by Hogue, it be referred to the :Tanning Commission for setting up the necessary hearing- for re -zoning. Mayor Gautereaux stated the re -zoning of the area was just under consideration for the same basic use; he favored negotiated sales where the Council knew what was proposed for the site; there was no explanation of what was to built other than expanding new car facilities or when it was to be built. Councilman Hogue withdrew his second. Seconded by Councilman Colburn. Councilman Morgan stated the rug company bought five acres on the corner of Coolidge and 30th and although they have a building to the front, they have several acres growing tumbleweeds; they bought it for expansion; others have bought the same way. Councilman Morgan stated in this case the people wanted to purchase the land for the expansion of their businesswhich were adjoining. Councilman Morgan said the Planning Commission expanded the area the Council requested be suited for re -zoning and the residents did protest; he talked to -people who live in the area and they have no intention of stopping the sale of City -owned land; there would be no protest to a zone change on the City -owned. Land and the people want it sold.. Mayor Gautereaux stated there has not been one negotiated sale of City -owned land without knowledge of the plans or a time schedule for start of construction and Councilman Morgan opposed each one; the rug company is an asset. Councilman Morgan said land has been sold for $9,000.00 $5,000.00 a acre.; and some was given away, the City has run an 80 foot street in front of it; these people were offering $23,000.00 an acre and there was no need for streets; the land was advertised throughout the State and this was the best price the City would get; these companies would bring in $50,000.00 sales tax per year. dice Mayor Allen said he was interested in selling the land but he would like to see what they propose to put on it to protect the residents to the east, also he would like to know when they plan to build. City Manager Osburn stated Director of Manning Stockman met with -2r. Hamilton and Mr. Webster and learned the automobile factories were requiring dealers to have area for expansion, or to move to larger quarters, or lose the franchise (which has happen' to dealers on El Cajon Boulevard); both men stated they were not purchasing for speculation but for future expansion for storage of their vehicles and servicing; they will work closely with the Manning Commission and the Council. The City Manager stated the new ordinance to require a buffer zone of landscaping where C-4 property abuts residential zones would be in effect when they were ready to develop the land. 7ice Mayor /lien asked if it would be possible for them to come talk to the Council and explain what they propose to do. Director of Manning Stockman said they saw a copy of the ordinance requiring the buffer one and they agreed to work with the Council and the Manning Commission; P1r. Hamilton was prepared to give the City his plan and to go along with the land- scaping; they both stated they will not have body,paint or repair shop next to the residential zone. Vice Mayor Allen asked if it would be the recom- mendation of the :Tanning Commission to zone for this useage. Mrs. Stockman said it would be, the ordinance requirements would give the Planning Commission and the Council control. Mayor Gautereaux said these people have spent an average of a half -million dollars per plant and asked the Director of Manning if she had made a study of the expansion possibilities of the new locations of auto dealers in Mission Valley, the auto dealers who left 31 Cajon Boulevard because they could not expand; a study comparing what they had on El Cajon 3ouledard and and. what they can expand to in Mission Valley and what our dealers have here. The Director of Planning said she would report. ;lice Mayor Allen said he wanted to sell all City -owned property but he did not want to see it lie idle. Director of Manning Stockman said she would write to the automobile factories to verify the requirements for dealer expansion; she recom- mended if the land were sold, the escrow be held for 30 days until the new ordinance becomes effective. Councilman Colburn stated the sale could be subject to landscaping immediately, not wait until they develop the land. Mayor Gautereaux said assuming the property was zoned C-4, 10 to 15 years from now they could then construct multiple housing on the property, if they were purchasing for speculation. Director of Planning Stockman said this was true; she would like an interpretation of the City Attorney, it could be a legal technicality. Councilman Morgan said if they do not use it now they could go 11/2/65 6 ahead with the landscaping. Moved by Allen, seconder by Colburn, it be tabled until such time as reports are received from the Director of Planning, the City Attorney and the people-eferred to. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: Morgan. A COMMUNICATION FROM MRS. VIRGINIA GREGORY, 2852 Leonard Street, requesting permission to solicit funds and clothing, etc. for victims for the recent LaCrect% fire was presented. Mrs. Gregory was not present. Moved by Alien, seconded be Colburn, permission be denied. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. A COMMUNICATION FROM MRS. KENNETH ATTAWAY, Chairman Recreation Activities Committee,in regard to termination of the Committee was presented. 7ice Mayor Allen suggested a study be made to determine whether a new committee should be appointed. Mayer Gautereaux recommended Mrs. Attaway's request the Committee be eliminated be approved. Moved by Morgan, seconded by Hogue, the Mayor's recommendation be approved. Carried by unanimous vote. AN APPLICATION FOR REFUND of $25.00 performance bond by Laura Collins, 1430 i3ast 24th Street was presented. Moved by Allen, seconded by Colburn, the refund be approved and warrant ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. MAYOR GAUTEREAUX suggested in regard to the Recreation Activities Committee, the City Manager find who was still on the Committee and present certificates to them. Moved by Allen, seconded by Hogue, the Mayor's recommendation be approoed. Carried by unanimous vote. CITY MANAGER OSSURN stated the following were eligible for step increases, approve by the Department Heads and the City Manager's office: John Speck, Robert Cooper, and Patricia Doig. Moved by Horgan, seconded by Colburn, the step increases be approved. Carried by unanimous vote. CITY MANAGER OS3URT presented a request for payment on the Civic Center in the amount of $98,802.37 approved by the contractor and the architect, and recommended it be approved. Moved by Allen, seconded by Colburn, the payment be approved and warrant ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY MANAGER OS3URN stated the budget was presented for approval two weeks ago and was held over for the report on housing and recommended it be approved. Mcved by Allen, seconded by Colburn, the budget (for the fiscal year 1965-6U be approved. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: Morgan. CITY ENGINEER FOSTER reported the new traffic lights at 4th and Euclid and 8th and Euclid were in operation; the job on Prospect from 22nd to 24th was being held up by some utilities. DIRECTOR OF PLANNING STOCI MAN reported on receipt of a complaint from J.W. .i rby on non -conforming usage under the provisions Sec. 11 of Ordinance No. 962, a special committee was appointed by the Planning Commission to study the matter and an opinion was requested from the City Attorney. Director of Planning Stockman stated the City Attorney's opinion was the Ordinance did not provide for the construction of an entirely independent and separate structures; it did include the addition of a separate room, enlargement of existing rooms, and other such structural changes; it appeared that if in 1959 a piece of property was used in a particular manner, such as single family dwelling, it could continue to be used in such a manner, but could not be used for multiple dwelling, etc. Mrs. Stockman said the :Tanning Commission recommended acceptance of the City Attorney's interpretation and that no amendment be made to Section 11 of the Ordinance and the Ordinance be applied in the future in accordance with this opinion. Moved by Hogue, seconded by Morgan, the Planning Commission's recom- mendation be accepted. 7ice Mayor Allen stated before adoption 962 contained an abatement clause which was removed; before it was adopted he went to see people on the west side and it was the understanding and the interpretation of the City Attorney at that time if they had a vacant lot they could build a house, if a 11/2/65 7 house burned down they could re -build the house; they could expand. their living quarters if the family grew; but they would not be permitted to build multiple units; this was the problem that was before the Council, an additional house was built; the understanding given to the people at that time should be upheld.; just because it was an M zone the people should not be pushed out. Councilman Morgan asked which attorney was right. Mayor Gautereaux said it could be interpreted as it stands, or it could be changed. Mrs. Stockman saidthhe✓Planning goCommission acceptedlthe cazls interpretation of the City Attorney; t not be constructed upon;if property was R-2 or R-4 in 1959, the property could continue to be used in that manner. Moved by Morgan, it be tabled until next week. Motion died for lack of second. Motion carried, by the following vote, to -wit: Ayes: Colburn, Hogue, Morgan,, Gautereaux. Nays Alien.. 7IC3 MAYOR ALLEN presented a copy of a letter to the City Manager from the Deput: Director of Civil Defense in regard to a 200 portable emergency bed hospital which was practically confirmed, practically issued to the City about two years ago and it was supposed to be stored in the Kimball School basement; about that time the population of Kimball School picked up; and they did not have space for it and we were not able to accept the hospital. The Vice Mayor said Paradise Valley Hospital is nearing completion and it might be propitious for the Mayor to contact the Administrator, Frank Rice, to see if it would. be practical to request a hospital unit, in other words to see if they would have storage space for this 200 bed portable hospital. Moved by Allen, seconded by Gautereaux, this recommendation be approved and the Mayor contact actoMr. r Rice. .l Moved by Hogue, seconded by Morgan, it be tabled until Deputy Defense DeHaven appears before the Council to answer questions the Council may have. Carried, by the following vote, to -wit: Ayes: Colburn, Hogue, Morgan. gays: Allen, Gautereaux. Moved by Morgan, seconded by Hogue, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:13 p.m. ATTRST : A. OR, CIT E CITY CL;-Rb NATIONAL CITY, CAL MIA