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HomeMy WebLinkAbout1965 03-23 CC MIN42 National City, California, March 23, 1965 The regular meeting of the City Council was called to order at 7:30 pm by Mayor Gautereaux. Council members present: Allen, Hogue, Morgan, Gautereaux. Council members absent: Colburn. ADMINISTRATIVE OFFICIALS PRESENT: Carstens, Foster, Gautereaux, Hess, Minogue, Osburn, Stockman. The meeting was opened with salute to the Flag led by City Manager Hess follow- ed with invocation by Dr. Eugene Skelton, Highland Avenue Baptist Church. MOVED BY HOGUE, seconded by Morgan, the minutes of the regular meeting of March 16th be approved. Carried by unanimous vote. Absent: Colburn. RESOLUTION NO. 8868, "RESOLUTION OF COMMENDATION TO WINNERS OF MUNICIPAL YOUTH RECOGNITION AWARD (Elsie and Eleanor Castro)" was read. Moved by Morgan, seconded by Allen, the Resolution be adopted. Carried, by the follow- ing vote, to -wit: Ayes: Allen, Hogue, Morgan, Gautereaux. Nays: None. Absent: Colburn. Mayor Gautereaux presented awards to Elsie and Eleanor Castro, twin Seniors, for their accomplishments. Councilman Colburn arrived and took his place at the meeting. RESOLUTION NO. 8869, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING NOTICE OF COMPLETION (Improvement of National Avenue from 5th Street to 14th Street)" was read. Moved by Colburn, seconded by Hogue, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nam:';lctgue.. RESOLUTION NO. 8870, "RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH THE CITY OF CHULA VISTA FOR USE OF THEIR POUND FACILITIES" was read. Moved by Allen, seonced by Colburn, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8871, "RESOLUTION AUTHORIZING NATIr`NAL CITY PUBLIC LIBRARY TO PARTICIPATE IN LIBRARY DEVELOPMENT ACT OF 1963, AND AUTHORIZING APPLICATION FOR GRANT" 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. RESOLUTION NO. 8872, "RESOLUTION AUTHORIZING APPLICATION FOR A PER CAPITA GRANT FOR FEDERAL FUNDS UNDER THE LIBRARIES SERVICES AND CONSTRUCTION ACT" was read. Moved by Hogue, seconded by Allen, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8873, " RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AND SUBMITTING A BUDGET FOR EXPENDITURE OF STATE ALLOCATED (ENGINEERING) FUNDS" was read. 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 NO 8874, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AND SUBMITTING A BUDGET FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES" was read. Moved by Colburn, seconded by Hogue, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY ATTORNEY CARSTENS reported in regard to the Alco Fence land sale pur- chase there is no provision in the escrow instructions to prevent the present owner from selling their interest in the property; in the event of sale the promissory note would be accelerated, and the balance would have to be paid in full. The City Attorney stated no time requirement for the beginning of construction was stipulated due to difficulties with the soil and compaction. COUNCILMAN MORGAN asked the City Manager and City Attorney if the Resolutions 3/23/65 43 could be listed on the. Agenda for the next meeting. City Manager Hess stated they could be listed with a few exceptions, VICE MAYOR ALLEN requested the City Manager and City Engineer place on week's Agenda the status of the acquisition of Division Street between and "J". Mayor Gautereaux said it would be done. MAYOR GAUTEREAUX stated, with approval of the Council, he would appoint J. Charles Molina, 910 Manchester Street, to the Planning Commission. Moved by Alien, seconded by Hogue, the appointment be approved, Carried by unanimous vote. next t1H" MAYOR GAUTEREAUX stated, with the approval of Council, he would appoint Bob Worthy, 1223 ManchesterStxeet, to the Park and Recreation Advisory Board. Moved by Hogue, seconded by Allen, the appointment be approved. Carried by unanimous vote. C. W. PROCTOR, 2359 Ridgeway Drive, was present and stated he encouraged his neighbors to annex to National City to avoid the Sanitation District; he was advised by Vice Mayor Allen if they annexed, they would not be included in the Sanitation District; when they needed sewers they were to submit a request to National City and a line would be run up Ridgeway Drive from Sweetwater Road. Mr, Proctor stated the Proctor Annexation is in the midi of +IA Sanitation District, the trunk line will run through the cany down the street and will service eight (8) property owners anu wy.ix xequixe 940 running feet which at $7,00 per foot will to $6,580.00 or at $8.00 a foot will total $7,520000, plus a 5 foot easement from each property owner. Mr, Proctor said it will be about 500 feet from the dwellings to the trunk line and all of the dwellings are close to Ridgeway Drive; Mr. Rushing of County Special Services said in a meeting at Lincoln Acres to run the lines from the dwellings to the trunk line would cost $4.00 a foot, which would amount to $2,000.00 plus $700.00 for the trunk line plus, iso4AR easements are given, $12.50 for the hookup; Mr. Rushing also said they get a permit at Civic Center, take an examination, install the connecting line and have it inspected by the County Inspector, Mr, Proctor stated due to the terrain it would take an engineer to run the line to the trunk line; it would cost the eight (8) property owners in the Proctor Annexation over $21,000.00 to connect to the trunk line in the canyon, Mr. Proctor asked if they had to pay the 260 on the assessed valuation to belong to the Sanitation District plus city taxes. City Manager Hess stated they could de -annex from the Spring Valley Sanitation District and pay only one tax, Mr. Hess stated we could help him and asked that he meet with the City Planner, City Engineer and the City Manager to start the necessary proceedings; one spokesman could represent the eight property owners. LeRoy McClellan, 3135 Shelby Drive, was present and stated they were led to believe if they annexed to National City they would pay a flat fee for sewers, not a front footage cost, and requested an explanation, Councilman Hogue stated he felt obligated to give these people sewers if they were promised sewers. City Manager Hess stated the only written communication or commitment from the City was directed to Mrs. Jerdo at her request; there was never a commitment on sewers and this was the only time we were officially confronted with what was going to be done in that particular area, Mayor Gautereaux stated in regard to the Lincoln Acres annexation the Council recognized the necessity of service improvement in the area and if the policy was consistent, the people of the City of National City would pay for the sewers. The Mayor continued the entire area annex- ation did not take place and to provide these services, we felt the overall program for the entire area was the most equitable approach, Victor C. Ivie, 3231 Alta Drive, was present and stated they were informed that by annexing to National City they could keep out of the Sanitation District, they were under the impression National City would protect them as promised. Mr. Ivie stated there were no other 1911 Acts in National City for sewers and they felt they had been sold down the river. BOB WORTHY, President, National City Jaycees, was present and announced the llth Annual Jaycee Relays at Sweetwater Uninn High School Saturday, March 27th at 11:30 a.m. Mr, Worthy invited the Mayor, City Council and City officials to attend, Mayor Gautereaux congratulated Mr. Worthy on his appointment to the Park and Recreation Advisory Board, and the National City Jaycees for featuring this outstanding annual event. Lee Morgan, 201 W. 18th Street, was present and was asked to defer his pre- sentation until the Real Estate Committee minutes were discussed. 3/23/65 44 ETHEL JERDO, 2705 Wilma Street, was present and stated in regard to the Sanitation District, Mr. Rushing was asked why the line would be placed in the canyon rather than in the street and he replied by locating the line in back of these properties they could be serviced when they were developed; Mr. Rushing did not say he wouldn't run the line up the street if he were pushed so he might reconsider and put the line up Ridgeway, but he could only ser- vice from the front of the properties and future development would require another line down the canyon which would be added expense. Mrs. Jerdo stated it was because the Local Agency Commission halted the annexations the Sanita- tion district was necessary. Mayor Gautereaux stated certain services were made available; because of other happenings we are not in a position to be consistent and it was not the intent of this Council to discriminate in the area. PAYROLL AUDITED BY THE FINANCE COMMITTEE was presented: $57,339.85. Moved by Colburn, seconded by Hogue, 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. CITY MANAGER HESS reported in regard to the information booth at and Route 5,as Interstate 5 has not been completed nor the plans Street west of Interstate 5, he would suggest the matter be laid are in. Moved by Morgan, seconded be approved. Carried by unanimous such time as the improvements the City Manager's suggestion 24th Street for 24th over until by Colburn, vote. CITY ENGINEER FOSTER read his report dated March 23rd in regard traffic patterns and the possibility of additional left turn refuges, particularly at Highland Avenue and 8th Street, loth Street, and 16th Street; and the intersection of "D" Avenue and loth Street. Moved by Gautereaux, seconded by Colburn, copies of the report beplaced in the Council folders and the matter be placed on the Agenda for next weak. Councilman Hogue inquired about the intersection of "D" Avenue and loth Street "approaching point of satura- tion." City Engineer Foster stated the last traffic count indicated a need for traffic signal at the intersection but there are others where the need is greater.. Councilman Hogue inquired about marking the lanes at the inter- section of Palm and Plaza Boulevard going west from the traffic island. The City Engineer said he would inspect it. Carried by unanimous vote. CITY MANAGER HESS reported in regard to hanging a sign reading "National Avenue" from signal lights at 8th and National, investigation revealed we have the ability under our local ordinances to construct such a sign but it may not be a healthy practice to establish. City Manager Hess suggested one of these signs be installed at 8th and National on a trial basis. Moved by Colburn, seconded by Allen, the City Manager's recommendation be approved. Carried by unanimous vote. CITY ENGINEER FOSTER reported in regard to possibility of the State installing a side road from 16th Street to Plaza Boulevard for access to the new freeway, the Division of Highways was contacted and they take the position when free- ways are installed they will endeavor to revise the existing roads, etc., Mr. Foster stated they do provide for the same traffic movements that are avail- avle now if possible; there is a dedicated street now but it is not travers- able. Councilman Morgan asked the City Engineer if we run the road across the drainage ditch and stop it there, would they go ahead and improve the street from Plaza to 16th Street. City Engineer Foster said he di.d not think so; if we had a good road in there, they would continue to use it and if they moved it they would replace it. Councilman Morgan stated when the interchange is in, the people who live on 16th and Grove would have to drive to Palm and back to the interchange which is only a block away. Moved by Gautereaux, seconded by Colburn, the City Engineer's report be accspted. Carried by unanimous vote. The Assistant City Manager's report in regard to possible revision of Ordin- ance No. 77(E) recommending no change in the $100.00 basic fee for bowling alleys was presented. Moved d by Allen, seconded, bY Hogue,, no _.Change be made„ Roved .by Horgan, seconded by Hogue, to include in -motion ya copy of the. Lesistartt at3r"i�'#aYia ' report fb erc :d to Nr. :Sothras, Motion carried, 3/23/65 45 by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. City Attorney Carstens reported he saw nothing in the Ordinance discriminatory or otherwise out of order and the requested change was a matter of policy. DIRECTOR OF PLANNING STOCKMAN stated in regard to ownership of Highland Avenue between Sweetwater Bridge and the south City limits, the Golden Arrow Dairy is within limits of National City. Mayor Gautereaux stated the matter of constructing the pavement in the area would be considered. City Manager Hess recommended ValVieW of the fact the owner of the property adjacent to High- land Avenue in this area has installed curbs and gutters and the policy for widening and improving Highland Avenue north was on a 50-50 basis, 1911 Act with City participation) the same formula be applied and that the City partic- ipate 50% and the owner of this property contribute 50% for the 8 foot strip that will have to be improved. Moved by Allen, seconded by Hogue, the City Manager's recommendation be approved. Councilman Colburn asked if there was any estimated time when the channel and the proposed freeway might be under construction. Mayor Gautereaux stated there was no date as of the moment. Carried by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. MOVED BY COLBURN, SECONDED BY Allen, the extension of Canteen Service's time limit for start of construction be approved. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: Mc*am, CITY CLERK MINOGUE reported the results of the opening of sealed bids at 3:00 p.m.., March 23 for the new Civic Center and Emergency Operating Center; .your bids were received: Cotton Construction Corporation $1.,182,000.00; Golden Construction Company $1,097,000.00, Riha Construction Company $1,128,000.00, Raymond A. Whitwer, Contr. $1,142,537.00. City Manager Hess suggested a special Council meeting be held Tuesday, March 30, at 7:30 p.m. in the Council Chambers to discuss this item alone; during the week the City Attorney, architect, City Engineer and the City Manager, will evaluate and study the bids and make a recommendation. Moved by Allen, seconded by Morgan, the City Manag"r's recommendation be approved, Carried by unanimous vote. A COMMUNICATION FROM ASSEMBLYMAN RICHARD JODONOVAN in regard to elimination of smog control devices for older cars was presented. Moved by Allen, seconded by Colburn, it be accepted and filed. Carried by unanimous vote. A COMMUNICATION FROM POLICE CHIEF CAGLE in regard to proposed amendment to Ordinance No. 827 was presented. Moved by Allen, seconded by Colburn, the Police Chief's recommendation be approved and the City Attorney be instructed to draw up the necessary Ordinance. Carried by unanimous vote. A COMMUNICATION FROM BARBARA A. AND RICHARD B. ZEDICHER requesting variance wit1out cost for steps off sidewalk to lot level was presented. City Manager Hess stated he had a report which covered this and also the communication from E. H. Alsdorf, 2105 "3", requesting perpetual easement to enter property, underground garage, concrete steps from slope to height of entry, Lots 11-18, Block 7, Wilbur Addition; they refer to the same general situation. City Manager Hess stated the City has not taken away the right of entrance or exit, entry may be gained at any time by excavation; it is our determined policy to excavate and/or fill in adjacent properties for vehicle access where we have the owner's permission to work on his property, which would have been done in the case of these two driveways had there not been a private water line paralleling the street and prohibiting such excava- tion. The City Manager stated in regard to the third driveway someone "high- er in authority" certainly was consulted and the inspector was directed to deny this driveway depression in the curb; under present zoning the driveway would have been in violation and the property owner was notified that a zone variance would be necessary to permit this driveway. City Manager Hess stated the concrete steps are on the public right-of-way and would interfere with the installation of the public sidewalk; had we been consulted early enough, we would have required the contractor to excavate into the property on a proper slope for stairway construction on the owner's property; had the 3/23/65 46 street grade been raised 2 feet at 22nd Street as suggested, it would have trapped storm water on the property TO the east andwould have denied access to several properties immediately south of the intersection, The City Manager stated we have no legislation allowing encroachment and suggested the existing stairs be moved and the owner gain access by . construction on his own prop- erty. Moved by Alien, seconded by Hogue, the report be accepted and recom- mendation approved Richard B. Zeicher, 2134 "K" Avenue, was present and stated when you get cut off from mail service, the milk delivery and other rights as an owner, you have to do something so he built steps which allows his mail to be delivered, that the property has been cut deep in one area, Mr. Zedicher said the water line could have been moved and he would like a - copy from the City of the amount paid other than the work done on the imme- diate area from the contractor in the area around the property paving streets and the cost of such contracting to see if there isn't a difference between what they are supposed to be paying and the work that has actually been done. City Manager Hess asked Mr. Zedicher if he couldn't have built the steps back on his own property line several feet and not encroached on City property, Mr. Zedicher stated in that case it would have been a real problem; it would cut him back into his property another 6 feet, 12 feet from the existing foot of the stairwell back into his property., Mr, Zedicher asked when the side- walks would be installed in that area, Mr. Hess advised Mr. Zedicher that he could install his sidewalks right now, Mx. Zedicher stated he would like to leave the concrete in there until the sidewalks are installed, Mr, Hess asked if someone should stumble on your first step as they walk on City property, who is going to be responsible. Mr. Zedicher stated it would be his liability. City Manager Hess asked if he would be willing to indemnify or exonerate the City should anything like this happen. E, H, Alsdorf, 2105 "J" Avenue, was present and stated the law of the land is that no one shall have the right to keep any person from access to their property; the objection, here is that the plans were .changed, Mayor Gauterea=.vas stated -the practic- ability is that this property is serviced from the alley as far as vehicular traffic is concerned and the access of interest here is that of traffic from the front street to the house. Mr. Alsdorf replied with one exception, the alley is used only by the trash service, Mayor Gautereaux asked if the set - of stairs could be placed on private property. Mr. Alsdorf stated not with- out an easement from the City of 4 feet. Councilman Morgan stated he had checked the area and the only objection is the liability; the steps would be best in this fashion as they don't come out past the slope of the ground and if he cuts back in, it will leave quite a drop; if we had a letter from him that he would change this if the sidewalks were put in, he couldn't see any reason why the steps shouldn't be left in, Motion carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux, Nays: Morgan. CXIGER HESS reported our insurance carrier sent him written confirmation o i�:TTAemnification for use of bleachers during the Mayti.me Band Review and suggested it be filed, Ordered filed by unanimous vote, CITY MANAGER HESS recommended in regard to the development of a Senior Citizen facility and a public gymnasium -auditorium, the City Council grant him authority to contact Richard Wheeler, architect, and to prepare a contract for Council approval, retaining Mr. Wheeler; and, subsequently, make the necessary HHFA applications for advance planning monies; it is possible for municipal corporations to obtain advance planning funds for architectural and engineering studies and these funds need not be repaid until such time as the actual endeavor is undertaken; there would be no immediate capital out- lay, City Manager Hess stated we would be obtaining a competent architect to do the job, making application for the project so as to be in a position to build the Senior Citizen facility and gym when funds are available either through City sources, a bond issue or possibly a program such as APW, Moved by Allen, seconded by Hogue, the City Manager's recommendation be approved. Councilman Hogue stated Mr, Wheeler is being hired to look into the possi- bility of building a gymnasium -auditorium and Senior Citizen facility for a future population of between sixty and seventh thousand and asked if the plans to be submitted Rrould be for the land on "D" Avenue between 13th and l5th, City Manager Hess stated he suggested that Mr. Wheeler be retained and a prospectus brought to the Council for approval; the area will depend on where it is felt most propitious to build something of this nature. Mayor Gautereaux stated the motion passed last week directed the proceedings of these two 3/23/65 47 types of facilities to be done on the piece of property between 13th and 15th on "D" Avenue, Moved by Allen, seconded by Hogue, the motion include between 13th and 15th on "D" Avenue between "D" and 'IF" Avenue, Carried, by the Toilowing vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY MANAGER HESS announced there will be a tour of the Metropolitan Sewer System Wednesday, April 7th, beginning at 9;00 a.m.; the group will meet at the Point Loma treatment plant. CITY MANAGER HESS stated the Council members were provided with a copy of communication from the League of California Cities and a subsequent cover letter prepared by the City Manager in regard to the State Constitutional - Amendment 17 (the telephone in -lieu tax). The City Manager stated the pro- posal is supported by the League of California Cities and our Council should make a stand; prepare a resolution to be forwarded to our Assemblyman, State Senator and Governor and go on record with the news media that we favor the Amendment, The City Manager sailiag.Selephone Company does not pay the City of National City for a business d6r a franchise, yet it considers itself a utility. City Manager Hess stated Pacific Telephone Company does not - favor the change at this time; however, in 1961 the Pacific Telephone indi- cated several things: (1) The proposal provides equity as between the several types of utilities, (2) The imposition of this tax would not in itself require an increase in telephone rates, (3) Other utilities make payments to cities for use of their streets, and (4) A few cities will receive less under this proposal than under existing franchises (this would not apply to National City as we receive nothing now other than their property taxes and this proposal has an equalizing effect). The City Manager suggested that each Councilman study the League of California Cities, bulletin and if so inclined, instruct the City Attorney to draft the necessary resolutions* Councilman Morgan stated. what we have is one-sided, that someone from the Telephone Company would like to present their position, Moved by Morgan, seconded by Hogue, someone from the Telephone Company be invited to present their story at the special meeting next week. City Manager Hess stated it will be determined by the vote of the - people and is only a matter of the Council taking a stand, Carried by unani- mous vote. CITY MANAGER HESS reported receipt of a communication from the San Diego County Water Authority dated February 28th concerning Authority Operations and suggested it be filed. Ordered filed by unanimous vote. CITY MANAGER HESS reported receipt of a verification of the James C, Davis, A Cab Company addenda to the insurance policy indicating the addition of three taxi cabs, The City Manager stated the policy had been approved by the City Attorney and City Manager and suggested it be filed, Ordered filed by unanimous vote, CITY MANAGER HESS reported receipt of a Certificate of Reinstatement of insurance forthe Boys' Club of National City, which had been approved and suggested it be filed, Ordered filed by unanimous vote. CITY MANAGER HESS announced that tomorrow at 5:00 porn. the Senior Class of Sweetwater Union High Schcol will go to Tecate to present the townspeople with a bus purchased from proceeds from two variety shows; along with the Senior Class will be the National City Youth Symphony Orchestra, who will present a program at 7:30 p.zn.; Tecate, as a matter of reciprocity, will put on a program for our young people. City Manager Hess stated the Mayor of Tecate requested the City Council to be in attendance if possible, CITY MANAGER HESS reported receipt of a letter from the County Tax Assessors office advising they will start appraisal of all property in the City of National City, and requested the use of a room for headquarters for the period April 1, 1965 to April 30, 1966, The City Manager suggested they be provided with a room in the Community Building on a no -fee basis (they intend to install their"own telephone facilities), Moved by Morgan, seconded by - Hogue, the City Manageres recommendation be a,*�nro,ed* Carried, by the follow- ing vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux* Nays:None, 3/23/65 48 CITY MANAGER HESS stated at the Real Estate Committee meeting of March 19, 1965 three items were considered: (1) An offer by Ernest M. Stanley, Stanley Dodge.aSimca, Inc., 2829 National Avenue, for property (125' x 135') located on the SW corner of 29th Street and "A"Avenue,, to be used in conjunction with their automobile business. The Real Estate Committee recommended the offer be accepted with the purchase a direct sale at $3,000,00, 10% down, 1% or more per month payments on the balance including 6% interest, Mr. Stanley to give the City a Quit Claim Deed to that portion of 30th Street with doubtful title, deed that portion of "A" Avenue to 30th Street needed by the City as well astbe portion in 30th Street over which he has control and that the property will be blacktopped within 180 days of close of escrow, Moved by Alien, seconded by Gautereaux, the recommendation of the Real Estate Committee in regard to this property be approved. E. M. Stanley was present and stated the black - topping was to be accomplished within 12 months of escrow due to the hillside and excavation problems. Moved by Hogue, seconded by Alien, the motion be corrected to within 12 months from close of escrow. Motion carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. City Manager Hess suggested authority be granted the City Attorney and City Manager to open escrow. Moved by Allen, seconded by Colburn, the City Manager's suggestion be approved, Carried by unanimous vote, (2) An offer to purchase a parcel of approximately 5 acres located at 24th and Wilson by H, S, Haughton, Walter E, Fiedler, Inc., for $55,000.00 providing no offsite expense will accrue to them as fee owners and the Real estate Committee - recommended the offer be accepted at $11,000.00 an acre direct sale, con- struction to start within 180 days of close of escrow, cash at close of escrow. Moved by Alien, seconded by Hogue, the land be sold direct to the man who made the offer and the City Manager and City Attorney be authorized to open escrow. Lee J. Morgan, 201 W, 18th Street, was present and stated he was interested in this property, he offered $12,000.00 an acre for it when it was agreed it would be sold for a motel site; he would like to bid on this land to use for a service station, lumber yard and building materials of all kinds. Mr. Morgan stated he hoped the City Council would not sell this land without putting it to bid; retail sales would be of more benefit to the City than a truck terminal. Councilman Colburn asked Mr. Morgan if he would be prepared to submit an offer which would include the price per acre and the type of business with an agreement that construction would start within so many days and that the business would become operative within so many days, the things the City would need to guarantee a reason for selling the property, Mr. Morgan stated he would. Councilman Colburn stated the immediate sale is not nearly as important as future city development, Mr, Haughton stated if this land goes to bid, they would not offer any more money. Vice Mayor Allen stated he would like to see the motion carried as made, Mayor Gautereaux- stated he would support the motion; one of the important things to be con- sidered in its use is the 24th Street Terminal which will be larger than the loth Avenue Terminal with millions of tons of cargo, the need for such a facility li.s great; he felt this would be a natural for this area, Mayor Gautereaux stated the tax revenue of the retail gas sales is the most we can really expect but the transportation need in our area will generate more than just payrolls. Councilman Morgan stated this is the best piece of land the City has and it should not be sold, Councilman Morgan stated we have an offer of $11,000,00 an acre if we put in Wilson and 24th Street and he figures the cost of improvements by the City is within $3,500,00 of giving the land away. Councilman Morgan stated if the land is sold for this price, we are giving it to him. Motion carried, by the following vote, to -wit: Ayes: Allen, Hogue, Gautereaux. Nays: Colburn, Morgan. (3) City Manager Hess stated Councilman Morgan proposed at the Real Estate Committee meeting the City advertise parcels of property available for sale, setting a price, acreage involved, putting out maps and advertising it and recommend all City -Owned R-4 lots be advertised for sale at $23,000.00, Vice Mayor Allen stated the price of $23,000.00 was to be set on the vacant property left in Olivewood Housing. Moved by Hogue, seconded by Allen, we put up for public sale all lands west of "D" Avenue and it be publicly advertised these lands were available for bids with a minimum of $23,000,00 per acre. Vice Mayor Allen asked if he would include'§oath of 24th Street." Mayor Gautereaux stated all the vacant properties lie within the area south of 24th Street, west of "D" Avenue, Councilman Hogue stated he wanted to sell all of Olivewood Housing including the properties that are occupied; all of the land west of "D". Vice Mayor Allen withdrew his second, Motion seconded by Morgan, City Manager Hess asked what the auction procedure would be; if we advertise the property 3/23/65 49 in individuai parcels, legal advertisements, and let's say there are eight parcels of property available for sale, we advertise for auction with a minimum price; possibly only one bidder would come in for one parcel of land and we would have spent $250.00 or more for advertising. City Manager Hess asked if it would be repeated each time a piece is sold; or should it be done by advertising in the local papers and the trade papers the property is available. The City Manager stated he was looking for guidance on selling the property. Mayor Gautereaux asked Councilman Hogie if he were talking about a bid or an offer, Councilman Morgan stated he would like to see this advertised in the Star -News, the San Diego papers and The Transcript. Mayor Gautereaux stated he would not favor the motion if it was for bid as it is R-4 and we want planned development control on this property. Councilman Hogue asked if people with two different ideas could be asked to submit plans to us„ Mayor Gautereaux stated the important thing is you have set a minimum of $23,000.00 an acre and each offer should be considered on its merits as to what type of development is going on the property with respect to that zone. City Manager Hess stated he was asking for clarification because he has a letter from a broker who is interested in a piece of this property; he has instructed the City Manager that if it is to be auctioned, he does not want the letter presented because his offer could be compromised; clear guide lines are necessary to protect all who are interested in the property, Councilman Hogue withdrew his motion and Councilman Morgan withdrew his second, Moved by Morgan, the City Manager be authorized to advertise this land in parcels south of 24th Street in the San Diego Union, Star -News and The Transcript at a minimum figure of $23,000.00 an acre per parcel. Motion -- died for lack of second. Moved by Allen,- the City Planner take steps immedi- ately to place this property under R-4-P-D and if part of it is "C" zone, under a C+-2-P-D zone. City Manager Hess suggested it be turned over to the staff, the City Attorney, City Engineer, City Planner and City Manager, who will bring to the next regular meeting (April 6th) a list of alternatives, possibilities of conceivable ways the land can be sold and the Council may select one and come up with a set of ground rules we can understand. Moved by Morgan, seconded by Hogue, the City Manager's recommendation be approved. Vice Mayor Allen stated again we have the tail wagging the dog; we have an R-4 and a C-2 area and it should be under planned development control; it will not interfere with how it is sold but will get the machinery in operation so that we will have control on it, E, M, Stanley, 2829 National Avenue, was present and stated he was interested in portions of the property and would urge favorable consideration be given the possibility of turning this over to the staff for outlining the various parcels by individual parcels, taking into consideration the future street potential and possible uses of the land; that it would be well for the City to decide what use they wanted to put the land to. Mr, Stanley suggested the staff be given the opportunity of making a direct proposal and advise as to the prices on the various parcels. Bob Worthy, 1223 Manchester Street, was present and stated he had worked on the City planning and two of the recommendations were that adequate streets be placed in this section before the land is offered for sale and any new - development, residential, commercial or industrial, be under planned develop- ment for architectural control., Motion carried, by the following vote,towwit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux, Nays: None, Moved by Allen, the City Planner go into planned development on this property, Councilman Hogue asked the Director of Planning if -we could control what was built if we sold the property without it being P-D, Director of Planning Stockman - asked the City Attorney if it is possible for the City, through deed restric- tions, to control what is built; to stipulate the owner must submit plane for approval prior to construction on property. City Attorney Carstens stated yes,but with planned development there is flexibility; deed restrictions are limited, Vice Mayor Allen asked the City Attorney if a man purchased property and later says he has to lower his standards for economic reasons, is it possible to control the use to which the land is put. City Attorney Carstens stated he agreed that by deed restrictions, by covenant in the deeds or by reverted clauses of some type, it is possible to control the use or develoemen put an the land. Vice Mayor Allen asked if we sold to one individual and the individual resold it, would our deed restriction still hold. City Attorney Carstens stated it would apply to the land; it has no bearing an who owns the land. Councilman Morgan stated we have property to be sold and he felt the City Planner should start on this and if the motion was still in order, he would second the motion and, in the meantime, while this is in process we can sell with deed restrictions, which will require Council approval, Mayor 3/23/65 50 Gautereaux stated there is nothing to preclude the Council from considering any immediate proposal or offer while the remaining properties are put under -D zoning.Councilman Hogue asked if they could control the type of material put into a building. City Attorney Carstens stated yes but it is not the best way of doing it; with planned development there is a lot of flexibility, if you have deed restrictions and have sold the land if you have forgotten something you can not go back and control it; the deed restrictions are limited, Mayor Gautereaux stated the area of occupancy, number of units per acre are big factors when a person looks at property for $23,000,00 an acre; he is going to build as nany units as possible on that property to get his return to amortize his investment and the only way to control the property is with planned development or deed restrictions. Director of Planning Stockman stated she would like to see the property placed under deed restrictions as well as planned development, Motion carried by unanimous vote, Moved by Alien, seconded by Morgan, the City Planner also give consideration in this planned development zoning in this area to the cluster situation that has become popular all over the United States. Carried by unanimous vote, CITY MANAGER HESS stated the Civil Service Commission requested him to announce a special meeting in the Community Building on Friday, 7:00 p.m. in regard to a salary review, CITY MANAGER HESS stated several weeks ago a Mrs. Williams came before the City Council indicating the fact a beauty college was coming into National City and it could be inimical to the interests of the small beauty shop owners and she wanted a differentiation between license procedures for schools, business colleges and/or businesses, The City Manager stated a research was done by the City Attorneys office and read the report: "Either a school or business may be licensed under National City Ordinances and fees paid would be the same; it was felt the State has preempted the field by licensing schools and operators in this field and the City can not prevent or prohibit persons from engaging in these activities providing the proper license fees have been paid and the operation is conducted within the proper zoning.""City Manager Hess stated there is a Bill now pending in this regard. The City Manager said Mrs. Williams was present earlier in the meeting to ask Council if when this Bill receives a number, she secure copies of the Bill, present them to the City Council and ask the City Council's support to prohibit this type of operation, City Manager Hess asked Council's permission to accept copies of the transcripts, Moved by Morgan, seconded by Colburn, permission be granted the City Manager, Carried by unanimous vote. CITY CLERK MINOGUE reported receipt March 22nd of an application for leave to file claim, declaration in support of application for leave to file claim and claim for personal injuries for Timothy Ray Gard, and said copies were referred to the City Attorney and the insurance carrier. CITY ENGINEER FOSTER stated that he and Assistant City Manager Osburn con- tacted officials of the City of San Diego in regard to street patterns in the vicinity of Manchester Street and Ranger Road; San Diego seems to have some interest; they will look into it and get in touch with us. COUNCILMAN HOGUE stated he was asked to speak to a group of senior citizens who were upset over false information regarding the land on "D" between 13th and 15th and it was his opinion that politics were beina.played here, Councilman Hogue advised them to come to the Council meeting tonight for information and a better understanding of what is going on. COUNCILMAN COLBURN stated he was sure the staff will be able to bring back a choice of sensible solutions to the sale of the Olivewood Housing area. Councilman Colburn stated it would be possible to advertise, after the prop- erty is broken down as to the zones, etc., hold one big auction or bidding and then if the property was not sold at the minimum price with bidders being allowed to bid higher, the property would be sold as it was offered; it would continue to be for sale but there would be no more bidding and it could be sold without any question or negotiations to someone making an offer. Mayor Gautereaux asked that the comments of Mr. Colburn be taken into consideration by Mr. Hess at the time of his report. 3/23/65 51 MOVED BY MORGAN, seconded by:Colburn, the meeting be closed. Carried by unanimous vote. The meeting closed at 11:04 p.m. ATTEST: City Clerk NA •' ' L CI Y. CALIFORi A 3/23/65 52 Written notice has been served more than three hours prior to the Special Meeting held at 7:30 p.m. o'clock March 30, 1965. IONE MINOGUE, City Clark We the duly elected and qualified Councilmen of the City of National City, California, do hereby consent to the holding of a Special Council Meeting on March 30, 1965, at the hour of 7:30 p.m. o'clock, in the Council Chambers, National City, California, for the purpose of: Considering the bids received for the construction of the CIVIC CENTER and EDC and Hearing Pacific Telephone Company's pre- sentation in opposition to Telephone Fran- chise Tax (S.C.A. 17) Dated this 29th day of March, 1965. COUNCILMZ 1 TT