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HomeMy WebLinkAbout1965 05-11 CC MIN93 National City, California, May 11, 1965 The regular meeting of the City Council of National City was called to order by Mayor Gautereaux at 7:30 p.m. Council members present: Allen, Hogue, Morgan, Gautereaux. Council members absent: Colburn. ADMINISTRATIVE OFFICIALS PRESENT: Carstens, Foster, Gautereaux, Hess, Minogue, Osburn, Stockman. The meeting was opened with salute to the Flag led by City Manager Hess followed with invocation by the Reverend R. D. Richardson, South Bay Bible Community Church. MOVED BY ALLEN, seconded by Hogue, the minutes of the regular meeting of May 4th be approved with correction of txpographical error: Resolution Accepting Bids for Vehicles should have been No. 8908. Carried by unanimous vote. Absent: Colburn. Councilman Colburn arrived and took his place at the meeting. RESOLUTION NO. , a resolution authorizing contribution toward engineering feasibility study of unification of Water Districts, was presented. Mayor Gautereaux explained the resolution resulted from a unanimous recommendation of the Water Committee the firm of Leeds, Hill & Jewett, Inc. upgrade their reports relative to a Water District that would encompass the Otay Municipal Water District; and the cost (not to exceed $22,000.00) be borne by each of the entities making up the Water Committee, based on their assessed valuation (City of National City 21.70 of total cost). Councilman Morgan stated including Otay would mean assuming a liability for the people of National City; Otay is not developed, National City and Chula Vista are developed. Councilman Morgan stated he could not see why the people of National City would have to include Otay Water District and tax our people to help develop their land; other agencies should carry the load; there is no comparison in the acreage of Chula Vista and National City compared with Otay, and they will pay the smallest amount of this survey. Vice Mayor Allen stated it was this kind of thinking that caused Paradise Hills to be in San Diego. Mayor Gautereaux suggested the Council accept the recommendation of the Water Committee as to the scope and need of the study to know what our potential water distribution may be, if it is to become a public entity, with the goal of providing decent water rates and being able to provide recreation. Moved by Hogue, seconded by Colburn, the recommendation of the Committee to participate in this survey be accepted. Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Gautereaux. Nays: Morgan. RESOLUTION NO. 8910, "RESOLUTION AUTHORIZING CONTRIBUTION TOWARD ENGINEERING FEASIBILITY STUDY OF UNIFICATION OF WATER DISTRICTS," was read. Moved by Colburn, seconded by Hogue, the Resolution be adopted. Carried, bythe follow- ing vote, to -wit: Ayes: Alien, Colburn, Hogue, Gautereaux. Nays: Morgan. ORDINANCE NO. , an ordinance of the City of National City, California, providing for the issuance of general obligation bonds of said City in the amount of $600,000.00, was presented for the second reading. Moved by Colburn, seconded by Hogue, the reading of the Ordinance be waived and it be adopted by reading of the title only. Carried by unanimous vote. ORDINANCE NO. 1113, "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS OF SAID CITY IN THE AMOUNT OF $600,000.00." Moved by Colburn, seconded by Allen, the Ordinance Pe adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. COUNCILMAN MORGAN stated the Council approved an agreement for an aerial survey in the amount of some $9,000.00; the law provides we can go up to $2,500,00 only on a contract without going to bid and asked the City Attorney how we could sign a contract for $9,000.00. City Attorney Carstens stated the provision referred to by Mr. Morgan, which limits contracts to $2,500.00, refers only to public improvements or buildings, Councilman Morgan stated a policy should be adopted to go to bid on anything over $2,500.00, that he would vote against all such contracts that do not go to bid. 5/11/65 94< COUNCILMAN HOGUE reported a gentleman living in the annexation beyond Harbiitt4 Elementary School informed him the children who live in that area°.(approx- imately 100) cut across at the end of Peach Blossom Street and down into the Harbison School playground to avoid walking on 8th Street, and the property owner at the end of Peach Blossom Street put up a "no trespassing" sign compelling the children to go onto 8th Street to get to Harbison School. Councilman Hogue stated a group of citizens and the Harbison School Principal talked the property owner into removing the "no trespassing" sign. Nerved by Hogue, seconded by Morgan, the City Manager investigate this situation and possibly start making plans or preparations to make a sidewalk available along 8th Street from the newly annexed area to Harbison School. Carried by unanimous vote. COUNCILMAN HOGUE stated, in defense of the citizens of the community, an article in the local newspaper implied the citizens of National City were apathetic to serving on Citizens' Committees. Councilman Hogue said it was a misinterpretation of the Mayor's report concerning members of the Sister City Committee and the Historical Committee. Councilman Hogue stated ,an article of this nature was not justified;100 interested members of the community recently worked diligently for 'aonths'compiling a Plan for our City. VICE MAYOR ALLEN commented on the Jaycees' new blazers and stated it was a pleasure to have them show the interest they do in City activities. VICE MAYOR ALLEN stated the first teenage dance since last October was held by Les Shons in the Community Building last Friday night and complimented Recreation Supervisor Huffaker on the handling of the dance. invitation MAYOR GAUTEREAUX reported receipt of a. letter of / from the Veterans of Foreign Wars to the Memorial Day services in the Memorial Bowl at 10:00 a.m., Monday, May 31st, and thanking the Council for making the Memorial Bowl available to them. THE HEARING ON RESOLUTION OF INTENTION NO. 8881, 1911 Act Improvement of Euclid Avenue (8th Street to Plaza Boulevard, Assessment District No, 142), was held at this time. City Clerk Minogue reported no written protests were received. No one was present in this regard. Moved by Morgan, seconded by Hogue, the hearing be closed and referred to the City Attorney for further processing. Carried by unanimous vote. RESOLUTION NO. , a resolution ordering work Plaza Boulevard, Assessment District No. 142), Colburn, seconded by Allen, the reading of the adopted by reading of the title only. Carried (Euclid Avenue, 8th Street to was presented. Moved by Resolution be waived and it be by unanimous vote. RESOLUTION NO. 8911, "RESOLUTION ORDERING WORK (Euclid Avenue, 8th Street to Plaza Boulevard, Assessment District No. 142)." 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. , a resolution adopting wage scale (Euclid Avenue, 8th Street to Plaza Boulevard, Assessment District No. 142), 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. 8912, "RESOLUTION ADOPTING WAGE SCALE (Euclid Avenue, 8th Street to Plaza Boulevard, Assessment District No. 142)." Moved by Colburn, seconded by Hogue, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue,Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8913, "RESOLUTION ACCEPTING CONVEYANCES OF REAL PROPERTY (Easements for street purposes, Assessment District No. 142)," 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. BOB WORTHY, President, National City Jaycees, was present and read a Resolution honoring Mayor Gautereaux. Mr. Worthy presented a plaque to Mayor Gautereaux.•- 5/11/65 93 JAPES P. PELTIER, Castle -Rambler, Inc., Chula Vista, was present to request the Council to reconsider their action to deny an extension of time to start construction on the corner of 30th and National Avenue. Mr. Peltier stated when they purchased the land Rambler sales had been rising for five years but since that time sales have caneir W8 8"WaigORNETRA A8t8Psakfflainted a new national advertising agency and sales have started to improve. Mr. Peltier stated plans are in the Planning Department and they call for a new car show- room, a lighted new car automotive display and a used car lot.. Councilman Morgan asked Mr. Peltier if it would take a full six months to go ahead with this building. Mr. Peltier replied he did not think it would take a full six months. Moved by Allen, seconded by Colburn, the request for extension be denied. Councilman Morgan stated we have a business with a sales tax potential working on plans and trying to get situated and the extension should not be denied; it would take more than six months to get another buyer., Mayor Gautereaux stated the last request for an extension was made because the plans were not complete and asked Mr. Peltier if they were completed and on file now. Mr. Peltier stated they were not approved as Rod Smith failed to have all the specifications needed by the City but it should take no longer than three to four weeks to complete the plans. City Manager Hess stated there are no plans on file; plans are not approved piecemeal and any plans we -had were returned to the architect. Mr. Peltier stated they would transfer all new and used car sales to this facility and retain what they have in Chula Vista for their Service Department. Mayor Gautereaux asked the approximate value of this improvement. Mr. Peltier stated without the service facility it would be between $80,000.00 and $90,000.00, the showroom would be 3,200 square feet plus the blacktopping, lighting fixtures and the office space. Councilman Hogue suggested Mr.Peltier get a set of complete plans and then make his request. Mayor Gautereaux asked Mr. Peltier if the extension were granted, would he be willing to put a trust deed for this property into escrow so if he did not perform within the next six months, the property would be in escrow to revert back to the City. Mr. Peltier stated he could not answer as it would be necessary to consult his partner and he would also like the opportunity toconsult his attorney. Mayor Gautereaux recommended the item be tabled for one week. Motion and second were withdrawn. Moved by Allen, seconded by Colburn, the Mayor's recommendation be approved. Vice Mayor Allen stated Castle -Rambler opened a new business in another city and they have done nothing with the property in National City. Councilman Colburn asked Mr. Hess if it would be possible for Mr. Peltier and his partner to meet with the City Manager regarding their intentions so we would have a•report. Motion carried by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. NORMAN SEI'FR, Attorney, 3003-4th Street, San Diego, representing Capital Land Corporation and Ed Grans, was prese and stated the Council would recall that on March 16, 1965, by unanimous vote,,airected the City Attorney and City Manager to take the necessary steps to re -obtain clear title on behalf of the City to certain lands purchased by Mr. Granz on the NW corner of 30th Street and National Avenue on March 10, 1964. Mr. Selzer said legal action has been filed by the City, his client has been served with papers but no court appear- ance has been made. Mr. Selzer asked the Council to reconsider their action, stating the date of close of escrow was May 11, 1964, and the escrow agreement contained a clause to the effect that the fee, the estate in the buyer, would be terminable if construction did not commence within a 6 months' period; prior to the expiration of the original 6 months' period, a 4 month extension was granted by the City Council; this extension expired on March 11, 1965. Mr. Selzer said on January 26, 1965, a building construction contract was executed for the construction of a 4,000 square foot structure upon a portion of the property; on February 5, 1965, plans for construction were submitted to the Nattional City Building Department; on February 16, 1965, a letter was received from the Director of Planning regarding requested changes to these plans. Mr. Selzer stated be was informed by Mr. Granz and his architects that corrected, conforming plans were submitted on February 24, 1965; on February 27, 1965, a portion of the property was rough graded and no grading permit was obtained;no building permit was issued. The corrected plans were submitted on February 24,._196, andir.e wa no further communication between that date and March 1th fldie fiftg"' 8AJ�ges would be required before a building permit could be issued. mr. Selzer stated it must be apparent that Mr. Granz and the Capital Land Corporation seriously intended prior to March ilth to comply with the requirements of this contract so that the deed would 5/11/65 96 not be terminated, and further stated the approximate value of the improve- ments covered by the plans is $32,000.00, covering approximately 4,000 square feet and Mr. Granz intends to build additional structures on the property to a total area of approximately 12,000 square feet. Mr. Selzer requested the Council to reconsider, to cause a building permit to be issued and permit the start of construction. Mr. Selzer stated if they do not conclude the con- struction of the improvements shown on the plans and specifications on file with the City within a stipulated period of six months from the issuance of the building permit, they will deliver a deed to the property back to the City and the City would not have to pay. Mr. Selzer further suggested the building permit be issued and,upon the commencement of .construction, the lawsuit be dismissed without prejudice, subject to placing the deed in escrow and any appropriate agreement to implement what has just been said which the City Attorney deems necessary for the protection of the City. E. H. ALSDORF, 2105 "J" Avenue, was present and spoke in regard to the cost of street improvements; his assessment was lower than the original estimate due to added City participation. Mr. Alsdorf suggested the City pay 1/3 and the property owner 2/3 of the cost of any fututtyk ,rovements. Councilman Colburn asked Mr. Alsdorf if he would also support the refunding of monies spent by citizens who paid 100% of..their-street improvement -costs. VICE MAYOR ALLEN stated Mr. Baruth, planning consultant, recommended the City Planner be supported in filing an application for membership in the National Planning Commission (amount of money involved $25.00); the Planning Commission' unanimous recommendation was the matter be referred to the City Council for action. Moved by Allen, seconded by Colburn, the recommendation be approved. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY MANAGER HESS stated in regard to National City's business license rates in comparison to those of other cities, copy of a directive on business license procedures in San Diego County ii11''ae-- placed in each Councilman's folder. The City Manager explained a confidential survey was made recently by the City of San Diego and other cities in the County; National City participated. The City Manager said along with the survey there "sere curt7in recommendations concerning our present licensing procedures. City Manager Hess suggested the directive be read and be placed on the Agenda for next week. Moved by Hogue, seconded by Colburn, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER HESS stated in regard to the contents of a resolution to designate land sale monies for a Senior Citizens' facility and municipal gymnasium, the intention was to use future land sale monies and called their attention to a memorandum prepared and presented today concerning construction costs, monies available and total expenditures required to complete the Civic Center. The City Manager stated May 18th was the day set aside to receive offers for properties available in the Olivewood Housing area and suggested the report concerning the Civic Center be weighed with the future planning of the Senior Citizens' facility and municipal gymnasium, along with new monies coming in. Mr. Hess stated a commitment regarding the disposition of future funds should be held in abeyance until the Civic Center matter has been resolved and it is possible to determine how much money may be generated as a result of the offers on next week's tentative proposals. Moved by Colburn, seconded by Hogue, the City Manager's recommendation be approved. Councilman Morgan stated there were deletions from original plans for the Civic Center when the bid was put out the second time and he would like to know exactly what was left out. City Manager Hess promised a report next week. Mayor 3a.utereaux stated if there were any basic changes made, there will be an opportunity,,to put these things back in and appropriate the necessary monies. Carried by unanimau; vote. CITY ENGINEER FOSTER reported in regard to the sewer situation at 14th and Palm, a visual inspection was made and to get sewage from the north end of "Q" Avenue to 14th and Palm as proposed would require pumping and the only way to serve this area by gravity was from the north toward Plaza Boulevard. 5/11/65 97 CITY MANAGER HESS reported in regard to the possibility of sewer hook up at 2917 "N" Avenue, a citizen requested a survey of his property to determine whether or not he could hook up to the sewer. The City Manager said it was not the City's policy to survey private property to determine the possibility of hocking up to the sewer; the type of construction was not known and could change. City Manager Hess stated a person building on a flat grade might decide to put an addition on his house or excavate and have a basement and find himself below sewer level. The City Manager stated the policy was to advise an individual as to the location and depth of the closest sewer and then it would be his determination or his builder's or engineer's determin- ation whether or not he could. -hook up to the sewer. CITY MANAGER HESS said each Councilman was provided with copy of a report relative to Sections of the Transit Bill which were of specific interest to our community. The City Manager said there were several matters which should be. considered by this Council: Chapter 5, Article 8, wherein he suggested that a reasonable tax limit be imposed and a maximum for each category be set forth. The City Manager stated two other recommendations were made: the Bill states a "60% majority" of the voters in regard to the incurring of bonded indebtedness and his recommendation was it should be a 2/3 majority as required for a municipality; and as to the second item (more of an observation than a recommendation) "the District shall not incur indebtedness for public works which exceed 15% of the assessed value of real and personal property in the District," the City Manager stated this was a policy matter and not an administrative function. Moved by Morgan, we oppose the Bill and notify the Legislators of the State. Motion died for lack of second. Mayor Gautereaux stated this was an Assembly Bill, still in the Assembly; the Bill may be amended by the Senate; and recommended no action be taken until we know what Bill is going to come out and how it is going to come out. AN APPLICATION FOR PERSON TO PERSON TRANSFER of On -Sale General license by George 0. & Rosemary Groeschel and Thomas E. Groeschel, dba Mustang, 22 West 8th Street, was presented. Moved by Colburn, seconded by Hogue, the appli- cation be filed: Carried, by the following vote, to -wit: Ayes: Colburn, Hogue, Gautereaux. Nays: Allen, Morgan. CITY MANAGER HESS announced there would be a groundbreaking ceremony for the Walton Jeep & International Truck Agency on 30th Street west of National Avenue tomorrow at 9:00 a.m. CITY MANAGER HESS reported Elizabeth A. Purveley, on behalf of the N.C. American Legion Auxiliary, requested a no -fee permit for the sale of Poppies and suggested it be granted. Moved by Morgan, seconded by Hogue, the no -fee permit be granted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY MANAGER HESS reported receipt of insurance certificates for the Kenneth H. Golden Company, which were reviewed by his,f£ice and the City Attorney, and suggested they be filed. Ordered filed by unanimous vote. CITY MANAGER HESS reported receipt of a letter from Henry Wilson, 3030 Palmer Street, requesting permission for the Monday Morning Breakfast Club to use the Community Building Annex on a no -fee basis from 11:00 a.m. to 2:00 p.m., May 20, 1965, program to consist of presentation of awards, and suggested the no -fee permit be granted. Moved by Allen, seconded by Colburn, the no - fee permit be granted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY MANAGER HESS stated some weeks ago the Council was provided with an official statement and notice of sale (the Civic Center bonds) prepared by the J. B. Hanauer Company; the statement will be the document used by them to market the municipal bonds. The City Manager suggested the Council accept this as the official statement and document of sale and he be authorized to so advise the J. B. Hanauer Company. Moved by Alien, seconded by Colburn, the City Manager's recommendation be approved. Carried by unanimous vote.. 5/11/65 98 CITY MANAGER HESS stated the KCenneth H. Blanchard Post 255, American Legion, has invited the City Council to attend a breakfast from 7:30 a.m. until noon, Sunday, May 16th, at 35 E. 18th Street, National City, proceeds for the purchase of new uniforms for their baseball team. CITY MANAGER HESS stated the Sweetwater Union High School District requested permission to use the Memorial Bowl and, if necessary, the Kimball Park Community Building, for their graduation exercises and award ceremonies. Moved by Morgan, seconded by Hogue, the request be granted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY MANAGER HESS stated the Council was provided with copy of an agreement between the City of National City and Richard George Wheeler, relative to the preliminary architectural work, compilation of forms, etc. to be submitted to HHFA for the preliminary planning and a Resolution was adopted authorizing the Mayor to sign the contract. The City Manager stated in reviewing the contract it was noted a change was required: one of the elements in the agree- ment was a statement to the effect that HHFA would pay for the remaining final plans; Public Law 560 provides only for preliminary planning. City Manager Hess -said he contacted Mr. Wheeler and that portion of the contract,providing for .final planning and obligation of the City, was changed. The City Manager recommended the Mayor be authorized to sign the contract with this change. Moved by Allen, seconded by Hogue, the City Manager's recommendation be approved. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY MANAGER HESS reported receipt of a communication from the San Diego County Board of Supervisors urging the construction of a fence at the International Border for live stock control and said -as the City has taken action in this regard, no further action is required. CITY MANAGER HESS stated for the past two years the City has employed young people during the summer months and there is available to us now under the Economic Opportunity Act of 1964 a possibility of acquiring this help with no cost to the City; the San Diego Urban League is acting as a contracting agency for the City of San Diego and the County of San Diego. The City Manager stated there will be 20 to 25 openings this year, which could be accommodated by this program if the City allows the San Diego Urban League to act on behalf of the City and enter into an agreement with them. City Manager Hess said he was assured every effort would be made to place National City youths in the National City program. City Manager Hess suggested he be granted authority to execute the necessary documents for entering into the agreement with the San Diego Urban League. Moved by Allen, seconded by Colburn, the City Manager's request be granted. Councilman Colburn asked if the Youth Employment Service program was being discontinued. City Manager Hess stated the Y.E.S. work will continue but they are only a job placement service; the City of San Diego and the County of San Diego have already granted the San Diego Urban League authority to act astheir prime contractor; the City would act as a sub- contracting agency to the San Diego Urban League. Councilman Hogue asked if the Youth Employment Service was asked if they would be interested so it could be handled in our City rather than through the San Diego Urban League. City Manager Hess stated he had not talked to Y.E.S.; The San Diego Urban League already has the wheels in motion and it would take considerable time for another agency to spearhead a program. Mayor Gautereaux stated under the Economic Opportunity Act there were certain earmarked budget monies for San Diego County for which the City was eligible; the Government was not giving away anything,thtiy.nc?re: assisting the paying of wages for services performed. Councilman Hogue withdrew his second to the motion. Motion seconded by Morgan. Councilman Morgan stated we pay our share anyway; if we don't take advantage of it, the other people will and we will lose. Councilman Colburn stated he was against it and asked what our young adults participating in government supported programs would do next summer when they don't have Federal aid. Motion carried by the following vote, to -wit: Ayes: Alien, Morgan, Gautereaux. Nays: Colburn, Hogue. 5/11/65 ** 99 COUNCILMAN HOGUE stated he favored adopting the set of rules contained in California League of Cities' "Guide to Legislative Procedures." Moved by Hogue, seconded by Gautereaux, these rules of procedure for the Council meetings be adopted. Councilman Colburn stated he hoped the maker of the motion would consider placing this on the Agenda and allowing the Council members to read the Bulletin. Moved by Hogue, seconded by Gautereaux, the motion include it be placed on the Agenda. Carried by unanimous vote. E H. Alsdorf requested a copy of the bulletin. CITY MANAGER HESS stated in regard to the Nachant escrow which has been pending for some time, one of the stipulations in the escrow instructions was an easement be provided over the property for a railroad spur track; installations in the area by the San Diego Gas & Electric Company require the entire spur track to be on Mr. Nachant's property and he has no need for the spur track. The City Manager stated even if Mr. Nachant is held to the escrow agreement which only requires that he provide an easement across the property acquired from the City, there would be nothing to preclude him from stopping the railroad at the easterly terminus of the property purchased from the City, City Manager Hess suggested as this is holding up the close of the escrow and Mr. Nachant has a user for the property, the escrow restrictions con- cerning this easement be deleted. Moved by Allen, seconded by Hogue, the City Manager's recommendation be approved. Councilman Morgan stated he voted to go ahead with this as people in the back are land -locked; we may need the easement in the future. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: Morgan. Moved by Allen, seconded by Hogue, the City Manager and City Attorney be granted authority to make the change in the escrow instructions. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: Morgan. DIRECTOR OF PLANNING STOCKMAN stated Peter Storton was appointed to the Planning Commission on October 27, 1964, to fill the unexpired term of Buford Ellis which ends May 16th and the Planning Commission requested the Mayor consider reappointing Mr. Storton to the Planning Commission for a full term. Mayor Gautereaux stated, with the Council's permission, he would reappoint Peter Storton to the Planning Commission. Moved by Morgan, seconded by Allen, the .:reappointment be approved. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN stated on April 28th at a study session of the Planning Commission Mr. Baruth advised that in view of the planning ability and knowledge shown by her in working on the General Plan, he was planning to file an application with the American Institute of Planners for Associate Membership, and the Planning Commission unanimously supported this action. Moved by Allen, seconded by Hogue, the recommendation of Mr. Baruth be approved and attached to the application. Carried by unanimous vote. *** CITY ATTORNEY CARSTENS stated in view of the request by Norman Selzer, attorney for Mt .Granz, he would like some clarification of the desire of the Council. The City Attorney stated action for the recovery of the land was filed but they have not yet filed an appearance; Thursday is the date for them to file an actual appearance and unless the Council were to authorize otherwise, he would proceed with the litigation. The City Attorney suggested as a proposal has been made, action should be taken on the request. Council- man Colburn said Mr. Selzer referred to some plans on file and asked if there were any report. City Manager Hess stated they did submit a set of plans prior to the deadline date, they were reviewed and found to be incomplete; the City Manager directed Mirector of Planning Stockman to prepare a letter indicating the areas to be clarified. The City Manager said Mr. Selzer implied the plans might have been held up either by the City Manager or a member of the staff; a different set of plans came in almost identical with the first set and they still did not meet the requirements. City Manager Hess stated they were still within the deadline period then but they did not comply and a building permit was not issued. Councilman Colburn asked if they were notified after the second set of plans came in. City Manager Hess stated they were always notified; Mr. Granz, himself, generated the call and he was informed the plans did not meet the requirements. The City Manager stated the plans could not be approved as the occupancy was not known; this was never determined. Mayor Gautereaux stated the Chair would entertain a motion to proceed with the action filed. Councilman Colburn asked the City Attorney **REPORT OF THE DIRECTOR OF PUBLIC HOUSING was presented and ordered filed by unanimous' vote. 5/11/65 ***THE CITY TREASURER'S REPORT FOR THE MONTH ENDING APRIL 30, 1965, was presented and ordered filed by unanimous vote. Above corrections made 5/18/65. IM 100 if further negotiations encompassing the suggestions by Mr. Granz' attorney were allowed, would it take as much time as the court action. City Attorney Carstens stated it was impossible to give an estimate; he had no idea what their position would be; they have filed no pleadings. Mayor Gautereaux stated the important area here is the intent of the Council in the disposition. of both of these pieces of property; they were to have contained vehicle sales and to this date we still do not know what the occupancy of this building will be. Councilman Morgan said in other words Mr. Granz did not have any parti- cular business going in there. City Manager Hess stated not only who was going in there but what type of business; the use of the property is set forth on the plans as "proposed automotive retail sales." The City Manager continued the detailed plans show the building divided into 4 sections of equal size, implying 4 rental divisions in this one building and, as the tenants or the type of business still are not known, a building permit was not issued; neither the building inspector nor the fire marshal could determine the re- quirements needed. Moved by Morgan, seconded by Colburn, the City Attorney be authorized to continue with the case. Carried by unanimous vote. City Attorney Carstens askedMr. Morgan if the motion meant the request of Mr. Granz' attorney was denied. Councilman Morgan stated yes. Vice Mayor Alien asked if it appeared later to be to the City's advantage, could arrangements be made out of court. City Attorney Carstens answered lawsuits can be settled any time. MAYOR GAUTEREAUX announced tomorrow night there will be a Sister City program; a citizen of Tecate, Madam Devi, conceived the idea of a Crusade of Light and decided to make the starting point Tecate and National City. Mayor Gautereaux stated a torch of friendship given to the city of Tecate was dedicated last Saturday and tomorrow night residents of Tecate will come to National City to meet in the Community Building at 7:30 p.m. Madam Devi requested the Community Building be made available to her during the days of May 12-15 for lectures and Mayor Gautereaux suggested the request be granted on a no -fee basis. Moved by Allen, seconded by Colburn, the Mayor's request be granted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Morgan, Gautereau' Nays: Hogue. COUNCILMAN COLBURN stated recently there was an increase in the premium of employees' group insurance and asked if a survey was made of other insurance companies. City Manager Hess stated the Employees' Association were under= taking their own survey. City Manager Hess stated he did not think the insurance company was making any money on the City of National City because of the extensive use of the program; the increase was due to the fact that the premiums received from the City were less than 1O% beyond claims. COUNCILMAN HOGUE asked in regard to the Mayor's request for the names of interested citizens to serve on two Committees how many were called for. Mayor Gautereaux stated an unlimited number can be appointed. MOVED BY MORGAN, seconded by Hogue, the meeting be closed. Carried by unanimous vote. The meeting closed at 10:17 p.m. ATTEST: City Clerk MAYOR, CITY OF,NATIONAL/CITY/ CALIFORNIA 5/11/65