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HomeMy WebLinkAbout1964 10-06 CC MIN164 National City, California, October 6, 1964 The regular meeting of the City Council was called to order at 7:30 p.m. by Mayor Gautereaux. Council members present: Allen, Colburn, Hogue, Morgan, Gautereaux. Council members absent: None. ADMINISTRATIVE OFFICIALS PRESENT: Carstens, Foster, Gautereaux, Hess, Minogue, Osburn, Stockman. The meting was opened with salute to the flag led by City. Manager Hess, followed with invocation by the Reverend F. 0. Compton, Sweet- water Assembly of God. Mayor Gautereaux presented police officers John Hansen and John Hendrix with Keys to the City for their outstanding work leading to the apprehension of a suspect of armed robbery of a National City bank. MOVED BY COLBURN,seconded by Hogue, the minutes of the regular meeting of September 22nd be approved. Carried by unanimous vote. ORDINANCE No. , 0rdinance amending Ordinance No. 962, Zoning Ordinance of the City of National City (Hardcastle) was presented for the first reading and read in full. ORDINANCE No. 0 Ordinance amending Ordinance No. 962, estab- lishing procedure for exemption from curb and gutter requirements, was presented for the first reading and read in full. Councilman Morgan requested a copy of the Ordinance be placed in his box. CITY ATTORNEY CARSTENS reported receipt of a notice from the Public Utilities Commission of further hearings November 18th in San Francisco in regard to the Commissions investigation of the rates and tolls of the Pacific Telephone & Telegraph Company. CITY ATTORNEY CARSTENS reported receipt of a notice from the Alcoholic Beverage Control the application of Sale City, Inc., 3200 "0" Avenue, National City, for an alcoholic beverage license was withdrawn and no further action is necessary. A protest was filed on instructions of the Council. CITY ATTORNEY CARSTENS stated item number 7 under "New Business" on the Agenda was a communication from Paul N. McCloskey, Jr., Special Counsel to the Town of Woodside, Underground Power Conference, stating there will be a conference October 9th in Palo Alto in regard to the right of cities to pass ordinances requiring utilities install their lines and communication facilities underground. Many cities are passing ordinances of this type and there is a question as to their validity and constitutionality. It is to be a conference of representatives of utilities and attorneys from the cities. Moved by Allen, seconded by Hogue, the City Attorney or one of his deputies be authorized to attend the conference. Carried by unanimous vote. Mayor Gautereaux stated the subject of underground utilities will be discussed at the League of California Cities Conference in Los Angeles next week. JAMES BIRD, architect, presented preliminary plans for the proposed Civic Center, displaying scale model and charts. He stated the total estimated cost is $883,869.00. Councilman Morgan asked how accurate the estimate was. Mr. Bird said his experience was the estimate might vary 4 or 5%. THE HEARING ON THE PROPOSED VACATION AND CLOSING OF DRAINAGE EASEMENTS (Resolution No. 8765) was held at this time. City Manager Hess stated this concerns two easements the City has in the vicinity of 28th Street and Coolidge Avenue and 28th Street and Harding Avenue, which cross the property under the control of the Bahia Vista Industrial Corpor- ation, Overmeyer.Warehouse Corporation intends to locate in that area. 10/6/64 165 The City Manager suggested that no action be taken to relinquish the two easements until we have easements in lieu of the two proposed to be vacated and closed and suggested the hearing be continued.Attorney Richard Bird, representing the Overmeyer Warehouse Corporation, was present and stated through an oversight the in lieu easements were not prepared; and asked if some contingency could be worked out. City Attorney Carstens stated it was agreed there would be a reciprocal exchange of easements from the City and Bahia Vista. The City Attorney said the deed from Bahia Vista would have to be accepted by the Council; and he had prepared a Resolution which would authorize the Mayor. and City Clerk to sign the necessary papers as soon as the deed is received and the conditions are satisfied. Moved by Morgan, seconded by Hogue, the hearing be closed and referred to the City Attorney and the City Attorney's recommendations be approved. Carried by unanimous vote. RESOLUTION NO. 8778, "AUTHORIZING THE EXECUTION OF ORDER OF VACATION OF DRAINAGE EASEMENTS" was read. Moved by Morgan, seconded by Colburn, the Resolution be adopted. Councilman Hogue stated the City Manager requested a continuance and he felt this should be taken into consider- ation. City Manager Hess stated he was satisfied with the provision included in the Resolution; the main concern was the City had two easements across this property to allow necessary drainage; by vacating the two easements without having one in reciprocity, there would be no way of allowing drainage across the property; with the inclusion of Mr. Carstens' amendments, we will have the same net results. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. COUNCILMAN COLBURN stated National City is participating in the Joint Powers Agreement for transportation planning and he represented the Mayor at a meeting on September 23rd at the Civic Center. The Technical Coordinating Committee requested a Policy Coordinating Committee be appointed by the member cities. Councilman Colburn stated the appoint- ment would help expedite the transportation planning and he would be willing to represent National City. Mayor Gautereaux suggested Councilman Colburn be appointed to that position. Moved by Allen, seconded by Hogue, the Mayor's recommendation be approved. Carried by unanimous vote. Councilman Colburn stated it was suggested by the Technical Committee an alternate of top managerial admim strative level be appointed. Councilman Colburn suggested the City Manager or the Assistant City Manager be appointed as the alternate. Moved by Allen, seconded by Hogue, the Assistant City Manager be appointed as alternate. Carried by unanimous vote. COUNCILMAN MORGAN stated that four weeks ago he requested the City Engineer check the drainage at 24th Street and National Avenue; Acme Chevrolet's architect wants to get going. Moved by Morgan, seconded by Hogue, the City Engineer report on this drainage and Atreet work at the next meeting. Carried by unanimous vote. COUNCILMAN MORGAN stated in regard to 2nd Street east of Harbison where there was a 1911 Act improvement, a bank has been cut straight up and down; City ordinance calls for a 1 to 1-1/2 slope; and it appears to be a dangerous situation. COUNCILMAN MORGAN stated he received a check for $45,00 for three Council meetings he missed April 1962 to date and would like to have the City Attorney's opinion of the legality of the payment. City Attorney Carstens stated Resolution No. 7723, declaring the result of the April, 1960 elections, quotes the measure approved by the assent of the majority of the electorate: "Shall each City Councilman receive as compensation for his services the sum of $15.00 for each meeting called and held?" It does not specify the Councilmen must be present. Councilman Hogue stated he was appointed to attend the AMA Conference in Florida and contact the Navy in Washington this summer and was surprised when he was not paid for the Council Meeting he was forced to miss. 10/6/64 166 COUNCILMAN HOGUE stated the joint committee of the South Say Irrigation District, National City and Chula Vista representatves,in regard to the feasibility of purchasing the water company, held the first meeting on September 23rd, Various aspects of how this should be done and what should be known by us before this was attempted were discussed. It was suggested the Committee request a reputable professional company be called in to bring our survey on feasibility up to date. Councilman Hogue recommended the City Manager report on the availability of money for National City to pay its share in the hiring of Leeds, Jewett & Hiil to update the existing report. Councilman Hogue stated he was concerned about the loss of taxes to the City and to the school system and he wished to see a professional recommendation as to whether or not it could be compensated, and whether or not joint purchase is feasible. COUNCILMAN HOGUE brought up the matter of building codes. He stated after hepurchasedhis home in National City he was appalled at the fact that there was no escape route except through the front door or the kitchen. He was concerned because the bedroom windows in his child's room were approximately 5 feet above the floor, about 18 inches wide, with a screen affixed on the outside. It cost over $1,000.00 to renovate and install a sliding glass door from which the children could leave in case of a fire. Councilman Hogue stated other houses are being built and the same condition is being perpetuated and requested a report be made by the Fire Department and the Building Inspectors in regard to this kind of situation in our residebces. Moved by Morgan, seconded by Allen, the Fire Department and Building Inspectors report in this regard. Carried by unanimous vote. COUNCILMAN HOGUE stated in regard to a building for Senior Citizens, he saw plans and was told that a committee meeting had been called, a temporary site had been chosen but, under our contract, there will not be any sizeable revenue from the golf course for approximately four years. Councilman Hogue stated we should consider using money that is left over from the sale of our city lands. He stated the last report he had was the City received and placed in the Civic Center Fund from the sale of land $367,440.10. If $300,000.00 is used for the proposed Civic Center, it would leave approximately $67,500.00 or $68,000.00 or more as there is other city land for sale. Councilman Hogue stated he would like some indication this money, instead of going into streets, would go into some type of municipal situation that would benefit more of our citizens; this might possibly be removed from the Civic Center Fund and placed in a Senior Citizens' Building Fund. MAYOR GAUTEREAUX stated in regard to our General Plan Citizens' Committee, he would submit names for Council consideration for chair- men of the Citizens' Committee and the sub -committees. The Mayor suggested for the General Chairman of the Citizens' Committee for the development of a Comprehensive General Plan for National City- Larry Ruehle, manager South Bay Savings & Loan Association, National City; Mr. Ruehle would also be Chairman of the Steering Committee; for members of the Steering Committee- Warren Chambers, 1334 Carol Place, Jerry Harris, 826 Ethel Place, Rev. Harrison Thompson, 625 E. 1st Street, James Bird, Architect, 2529 "K" Avenue, and Councilman William Hogue, 3024 Plaza Boulevard; for Chairman of the Executive Committee- Judge John Menard, 1041 "B" Avenue; for Chairman of General Planning Goals Committee -Mrs. Jean(Dana)Johnson, 833 Mary Court; for Chairman of Agriculture, Commerce and Industry Committee- Mr. Jay Sutcliffe, 1610 "D" Avenue; for Chairman of the Housing Committee -Dr. Thomas Lococo, 1105 East 4th Street; for Chairman of the Downtown Area Committee- Joseph Minogue, 1035 "B" Avenue; for Chairman of the Navy Committee- Jessie Ramirez, 329 West 14th Street; for Chairman of the Public Facilities Committee- Howard Heath, 611 Highland Avenue; for Chairman of the Transportation and Circulation Committee- Bob Henderson, 833 Edgerton Way; for Chairman of the Visual Environment Committee- Mrs. Doris Kemp, 104 North Drexel Street, and for Chairman of the Codes & 0rdina noes Committee- Donald Jacquot, 815 Ethel Place. 10/6/64 167 The Mayor suggested these people be appointed to these Committee with the Council1s approval. Moved by Allen, seconded by Colburn, the appointments be approved, Councilman Morgan stated he would vote in Tavof of the Committees but felt it was a waste of the taxpayers' money. Councilman Morgan agreed that we need a Zone Plan, Street plan, Downtown Plan and Public Buildings, but these four items are all that should be studied. Councilman Hogue stated that he thought it was wonderful we are setting up a plan for our city; it was a giant step and he was impressed by the number of citizens who volunteered to help plan our future city. Director of Planning Stockman stated over 60 citizens and 100 students of Sweetwater High School volunteered their services to work on this Committee; and names are to be submitted for appointments to their particular committees after the next meeting. Motion carried by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. Mayor Gautereaux thanked the individuals who volunteered. MAYOR GAUTEREAUX stated action should be by the Council to accept the architect's preliminary drawings forthe proposed Civic Center. Moved by Moran, seconded by Allen, the preliminary plans be accepted. Carried by unanimous vote. MAYOR GAUTEREAUX stated there is a vacancy on the Civil Service Commission created by the expired term of Louis Camacho. Mr. Camacho was filling the unexpired term of Jerry Oliver and, as he has not served a full term, the Mayor stated he would like to re- appoint Mr. Camacho with the approval of the Council. Moved by Morgan, seconded by Hogue, the Mayor's recommendation be approved. Carried by unanimous vote. JOE MINOGUE, 1035 "B" Avenue, Chaiman Citizens' Civic Center aond Committee, was present and stated the Committee is having a coffee at Rubio's on Thursday at 7:00 p.m., that the Mayor, Councilmen and everyone present were invited to come and bring a friend. E. H. AHLSDORF, 2105 "J" Avenue, was present and stated about four months ago he suggested taking care of the tumbleweeds. They are now beginning to show the seed. One particular area is near the Post Office Building along Highland Avenue and along the fence on the school ground at 13th & Highland and on the fringes of Kimball Park. RUBEN RUBIO, 1729 Cleveland Avenue, was present and stated as a member of the Citizens' Civic Center Bond Committee he wanted to know how much money from land sales is to be spent on the proposed Civic Center if the Proposition carries. Councilman Hogue stated a Resolution was passed that $300,000.00 would be given to the Civic Center Fund and that is what we intend to do and there will be some monies left. City Manager Hess stated the Resolution adopted by the Council specifies all land sale monies go into the Civic Center Fund; there was mention at that time of $300,000.00 because that was the amount that was anti- cipated that would be in the fund. The Resolution does not set a fixed figure of $300,000.00; it says that land sale monies will be set aside for Civic Center construction. Moved by Morgan, seconded by Hogue, the City Manager come back with a recommendation on setting future land sales money aside for senior citizens. Vice Mayor Allen stated he was not in favor of the motion; we offered to build them a building; they didn't like the site; they wanted something different some place else and we don't have funds to do what they want and they will have to wait until we do get the funds. Vice Mayor Allen said "Let's build the Civic Center, let's not try to change any Resolutions, let's not make new motions, let's not confuse the issue; let's build a Civic Center and then we can talk about trying to do something for senior citizens." Councilman Hocu a stated the Council has the right to decide the site but he didn't think it was right for anyone to say if they pick another site, it was detrimental to the original site picked and that it's the wrong site. Vice Mayor Allen stated the senior citizens, through the Park and Recreation Advisory 3oard, came to this Council and recommended a 5-yeer plan in which a site in Las Palmas Park was 10/6/64 168 to be set aside for a senior citizens' area and this was approved by Council . Now they have had a change of heart; Las Palmas is too far away. Councilman Morgan stated the motion was just for a recommen- dation from the City Manager. Vice Mayor Allen stated the City Manager should not be asked to make a recommendation. Councilman Hogue with- drew his second and Councilman Morgan withdrew the motion. PAYROLL AUDITED BY THE, FINANCE COMMITTEE was presented: $60,143.46. Moved by Allen, seconded by Colburn, the payroll be approved and warrants drawn for same. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund Traffic Safety Park Retirement Gas Tax (186.1) Trust 6. Agency Special Street Drainage Sewer Service MOVED BY ALLEN ordered drawn Alien, Colburn REPORT OF CITY charge be made Department was recommendation A COMMUNICATIO requesting the for the Civic unanimous vote $ 11,688.24 4,663.79 3,850.94 5,045.94 3,439,00 75.00 21,530.27 44,052.01 1,820.21 Total $ 96,215.40 , seconded by Coiburn, the bills be approved and warrants for same. Carried, by the following vote, to -wit: Ayes: • Hogue, Morgan, Gautereaux. Nays: None. MANAGER HESS AND POLICE CHIEF CAGLE recommending no for ambulance operation by the National City Police presented. Moved by Morgan, seconded by Allen, the be approved. Carried by unanimous vote. N from the National City Junior Chamber of Commerce City Council to show once again their united support Center Bond proposition, was read. Ordered filed by A COMMUNICATION from San .Diego Gas & Electric Company in regard to single meter billing for Public Works was presented. City Manager Hess stated this was an administrative item, was on the Agenda in error, and stated that no action was necessary. Moved by Colburn, seconded by Hogue, the City Manager's recommendation be approved. Carried by unanimous' vote. A COMMUNICATION from National City Employees' Federal Credit Union, requesting City Council to consider allowing them office space within proposed Civic Center or Kimball Park Community Building, was presented. Moved by Colburn, seconded by Morgan, the matter be referred to the Cit Manager for a recommendation. Carried by unanimous vote. A COMMUNICATION from National School District in appreciation of police officer William W. Crawford's direction and supervision of the training of the Junior Patrol, was read. Moved by Colburn, seconded by Allen, the letter be filed and a copy placed in the officer's folder. Carried by unanimous vote. A COMMUNICATION from San Diego County Water Authority in regard to providing a memorial honoring Phil D. Swing was presented. Ordered filed by unanimous vote. A REPORT FROM CITY MANAGER HESS recommending revision of some of the teenage dance rules was presented. Moved by Allen, seconded by Colburn, the City Manager's recommendation be approved and try to have effective in National City the suggestions outlined in the report. Carried by unanimous vote. 10/6/64 169 A COMMUNICATION from the Underground Power Conference in regard to a conference October 9th in Palo Alto was presented. Ordered filed by unanimous vote. APPLICATION FOR PERSON TO PERSON transfer of Off -Sate General license for Lowell K. and Frances White dba PARD'S DELICATESSEN & LIQUOR, 3102 E. 16th Street, was presented. Moved by Colburn, seconded by Allen, the application be filed. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Abstaining: Morgan.Nays: None. AN ORIGINAL A4l'PLICATION FOR ON -SALE beer license by Anna J. and Raymond A. Garner, 1725 National Avenue, was presented. Moved by Colburn, seconded by Allen, the application be filed. Vice Mayor Allen stated this location is one block away from Oscar's, which is a teenage hangout, and the Council is on record as protesting a license for Bob's Hamburger Stand across the street in the same block. Vice Mayor Allen suggested a letter protesting this application be directed to the Alcoholic Beverage Control. E. H. Ahlsdorf, 2105 "J" Avenue, stated when there is an On -Sale license, not only teenagers but all classes of persons will attend the place and it is within two blocks of a church and four blocks of a school. Motion failed to carry by the following vote, to -wit: Ayes: Colburn, Gautereaux. Nays: Allen, Hogue, Morgan. Moved by Alien, seconded by Morgan, it be referred to the City Attorney for protest to the Alcoholic Beverage Control. Carried, by the following vote, to -wit: Ayes: Allen, Hogue, Morgan, Gautereaux.' Nays: Colburn. it CITY MANAGER HESS stated//pthe eswill be no Council meeting October 13th based on the Council reservations for the League of California Cities Conference in Los Angeles. Mayor Gautereaux recommended a motion be made dispensing with the meeting and the next regular meeting be October 20th. Moved by Allen, secondt.-d by Morgan, the Mayor's recom- mendation be approved. Carried by unanimous vote. CITY MANAGER HESS read a report from Director of Planning Stockman, in regard to a 40 foot public team track between Coolidge and Harding Avenue north of 30th-Street, a_grant deed be accepted from Mrs. HeWitt with the total area dedicated by Resolution as a Public Team Track, reservation be made that ingress and egress be maintained at all times through the area for emergency equipment, all conditions requested by Mrs. Hewitt be approved and the Resolution of Dedication grant same, and the City install all improvements except the trackage and ramp to be installed by the San Diego and Arizona Eastern Railway Company. The City Manager recommended approval and stated if the Council approved, it be referred to the City Attorney for drafting of the necessary documents. Moved by Colburn, seconded by Allen, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER HESS presented the minutes of the Real Estate Committee meetings of September 25th and October 2nd in regard to the proposed purchase of 10 acres of land in the vicinity of 24th and Coolidge by Dr. Distier for the Canteen Service of San Diego. The Peal Estate Committee rejected the offer and referred it to the City Council. Vice Mayor Alien stated the minutes were in error and requested con- firmation of the offer made by Dr. Distier. Dr. Distier stated the offer for the easterly 5 acres was $10,000.00 per acre, $5,000.00 down, $5,000.00 on opening of escrow, the remainder of the unpaid balance to be paid to the City at $500.00 per month 6% interest starting at the opening of escrow; for the westerly 5 acres $10,000.00 per acre, $500.00 down with a 180 day option, not returnable. Dr. Distier stated the present site of the Canteen Service is in the path of re-routed Highway 101; the first plan was to re -locate on Kearney Mesa; they investigated the possibility of re -locating in National City because of the Chamber of Commerce drive for new industry and favored the location because of its easy access to the freeway. He stated the corporation has been in operation 2-1/4 years and is rapidly expanding. Moved by Hogue, seconded by Morgan, the recom- mendation of the Real Estate Committee be accepted. Councilman Hogue 10/6/64 170 said with the development of the underpass and the freeway at 24th Street this property would be one of the best pieces of real estate the City has; this business is a warehouse. Mayor Gautereaux spoke against the motion and said this was an abrupt way to treat people who were trying to come into our City. Mr. Natoli of Canteen Service stated the average employee receives about $125.00 per week, they employ 40 to 50 persons, they have 33 vehicles, and they do approxi- mately 2 million dollars worth of business, with a franchise in two counties and an option in Baja, California. Mr. Natoli stated this is not merely a warehouse operation but a commissary,and deal in background music and milk; the City of San Diego has accepted their offer for land in the Kearney Mesa area and it took some doing to get him to come look at property in National City. Councilman Morgan said San Diego has a lot of industrial land, National City only a little, and when the freeway is in, the property will be worth $300,000.00 and the City would have to install $50,000.00 worth of roads. Vice Mayor Allen said he thought it was a good price and it will create more jobs for more people. Councilman Colburn asked if there was a deadline for the construction of the new facilities for Canteen Service. Mr, Natoli stated they were operating on a one year extension from the State Highway Division but there is a 90 day cancellation clause; when the highway is re-routed, part of their building will be sheared off. Councilman Colburn asked if the propped building 'would be on the front of the property, if it might not be possible for the building to be set back on the property so front property would be left when the freeway is completed. Mr. Natoli stated Dr. Distter is planning to develop the property for himself and for the City; he is willing to risk capital to develop it to bring industry to the City; Canteen Service does not need frontage. Councilman Colburn said in this case he thought something could be worked out and asked if the motion carried, what it would do. Mayor Gautereaux said if the motion carried, it would mean the Council rejected the offer but would not eliminate the possibility of further negotiations. Vice Mayor Allen said he did not think Mr. Colburn understood Dr.Distter's intention to develop the land and to put other companies in the area; we can not reserve east or west. Councilman Colburn stated the City might benefit by holding some of this property. Councilman Morgan stated when the freeway is open, the corners of the property will be worth at least $62,000.00 each. Motion carried by the following vote, to -wit: Ayes: Colburn, Hogue, Morgan, Gautereaux. Nays: Alien. Mayor Gautereaux said he hoped this would not discourage Dr. Distter from considering some kind of compromise; the 'Council would re -consider any offer they might make. Councilman Coiburn asked if they had any intention of doing anything right away as the meeting could be adjourned to another time to con- sider their proposal. Vice Mayor Allen stated he did not think what was proposed was the answer we are looking for and asked Dr. Distter if he would be willing to take the southerly portion of the property. Dr. Distter said the H. E. Hazard Company quoted a price of about $100,000.00 to impact the land so it could support buildings; this is no bargain at $40,000.00. Mayor Gautereaux said he hoped. the ' Council is not in the position of running industry out of the City and he hoped they would re -submit something along the lines of the discussion tonight and if so, to present it through Mr. Hess.. Mayor Gautereaux called a five minute recess. The meeting was called to order by Mayor Gautereaux at 10:05 p.m. Council members present: Allen, Colburn, Hogue, Morgan, Gautereaux. Council members absent: None. CITY MANAGER HESS stated the City signed a contract with G M U, Inc. on July 23, 1963, to develop an 18 hole golf course; since that time there has been a change in the corporate management structure and they have proposed consideration be given to a new lease. James Price was present on behalf of G M U, Inc.;and requested the Council consider certain amendments to the lease; it was hoped an 18 hole course could JOe developed at a cost of $40,000.00 but for reasons of safety and a better course, it was changed to 9 hole course; they had difficulties ro/6/64 171 finding the quantity and quality of water needed. Mr. Price stated the amendments are administrative and technical to the following Clauses: 2, 3, 4, 6, 10, 15, 20 and 38. Basically what they are requesting was the starting date of the 35 year lease be changed from. the date of the agreement (July 23 1963) to the date of the completion of the golf course (October 1, 1964), approval of the change from an 18 to a 9 hole course, date of opening to be changed to the official opening date of October 10, 1964, elimination of the name of the original manager, K. Gaulding, change in the cost of the wells supply- ing the water, elimination of the performance bond as the work is complete, and change in address for notices. Mr. Price stated some of the changes were purely administrative but clauses 4 and 15 were a matter of policy: Clause 4 would change the start of payment of rent from July 23, 1963 to October 1, 1964 and Clause 15, in regard to the application of cost of the wells to the rent after deducting the cost of pump, etc., the cost be changed to $25,691.45 as three wells, not one, were required. He stated the third well, which is the only pro- ducing well, cost $20,779.93. Mayor Gautereaux asked the City Manager if he wanted the Council to set policy on clauses 4 and 15. City Manager Hess stated the Council should determine these two points. Moved by Hogue, seconded by Colburn, the amendments to the original lease be accepted. Councilman Morgan asked it the City Manager audited the books. The City Manager replied the Director of Parks has supervision of the wells and the figures submitted were checked by Director of Parks Gautereaux who found only one discrepancy. Councilman Morgan stated the lease says the City Must agree on the manager and asked if the City could terminate the lease. City Attorney Carstens stated it is to the City,s interest to have the course operated properly and if the manager was not felt to be oper- ating the course properly, it would be the City1s option to terminate the lease. Councilman Morgan asked about the bankruptcy clause and the City Attorney stated it was a standard provision for the protection of the City. Vice Mayor Allen asked, as only one of the three wells is productive, who authorized the sites for digging. City Manager Hess said the first two wells were dug by the original owner of the firm. Vice Mayor Allen stated the City should not be liable for the cost of the first two welts or have it applied against the rent. City Manager Hess agreed. Vice Mayor Allen asked if it could be considered a gift of public funds if the Council were to start the lease as of the present instead of the original date. The City Attorney said there was a question in his mind but he did not know what a court would say; he could give no definite answer; he found nothing to parallel this case; and it was possible a claim could be made. Mayor Gautereaux stated originally we anticipated an expenditure of $40,000.00; then it was changed from an 18 to a 9 hole course and $230,000.00 has been invested. The City Attorney stated this had to be analyzed as to what the alternatives were; would G M U go ahead and open the golf course; would the City get the value of the improvements; probably if the Council were to deny the amendments, it would not change the picture drastically; and he would have to advise the Council they are not required to make these concessions. Mayor Gautereaux stated the Council might not have to do it to make these people perform but could the Council give this type waiver on condition the golf course open or not open. The City Attorney said if it was given for consideration, there would be no problem, but would we be getting consideration for the waiver. The Vice Mayor asked if they were to take us to court in a friendly suit, would the judgels opinion guide us. The Mayor stated he believed the motion was reasonable and he was willing to take the risk; the expenditure and investment is beyond what was anticipated and far offsets what is being considered. Motion carried by the following vote, to -wit: Ayes: Colburn, Hogue, Gautereaux. Nays: Allen, Morgan. CITY MANAGER HESS reported receipt of a request by Gospel Literature in Native Tongues (they furnish bibles in foreign lands) for a no -fee permit to solicit funds. They have had a permit in Escondido and the City Treasurer suggests the request be granted. Moved by Morgan, seconded by Allen, the request be granted. Carried,by the following vote, to -wit: Ayes: Allen, Coeburn, Hogue, Morgan, Gautereaux. Nays: None. 10/6/64 172 CITY MANAGER HESS reported receipt of communications from the San Diego County Water Authority and suggested they be filed. Ordered filed by unanimous vote. CITY MANAGER HESS reported receipt of a request from Rodney Smith, AIA, representing Castle Rambler, southwest corner of 30th Street and National Avenue to return zoning to C-4 and for an additional 180 days to start construction. Councilman Morgan asked if the Planning Com- mission had not ruled the building should conform to existing code (M-3). City Manager Hess stated C-4 is more desirable to the owner because of setback and landscaping requirements. Moved by Morgan, seconded by Colburn, to grant the additional 180 days. Councilman Colburn asked if the time extension were granted, could the Council be sure it was for the development of a new car agency and not for the construction of a building for a used car agency; he said he was against the motion unless Castle Rambler would give assurance on this point. Mayor Gautereaux asked Rodney Smith, who was present, if he thought it was necessary to extend this another six months. Rodney Smith, architect, stated it would be difficult to predict the exact time. The Vice Mayor stated the other agencies in the same area have already started building; the 180 days was one of the stipulations to the sale of the property. Councilman Morgan stated he didn't think the other agencies purchased their property with a 180 day stipulation; it takes time to put it together. Councilman Colburn asked if Council- man Morgan would include in the motion the Castle Rambler people must comply with our request the City be assured this is for a new car agency. Councilman Morgan included in the motion a new car agency be put in, seconded by Colburn. Councilman Colburn asked if the maker of the motion would include the maximum time would be 180 days and specify if it were to be 180 days from today or some other date. Councilman Morgan stated he would include that the City Manager check with them to see if they could get along with less time and would cut down the time, depending on the findings. Mayor Gautereaux stated it would be prudent to lay this over until these people can be present to state their case. Motion and second were withdrawn. Moved by Morgan, seconded by Colburn, the City Manager contact Castle Rambler and come back with a recommendation. Carried by unanimous vote. Councilman Colburn asked in regard to the zoning if it would be easier for the agency to develop under C-4. City Mana-.er Hess said the other agencies have set back their buildings of their own accord; if we were to zone thid area C-4, they could build up to the property line. Mayor Gautereaux recommended the City Manager also find out about plot arrangement and what they would like to do about zone change. Moved by Morgan, seconded by Colburn, the Mayor's recommendation be approved. Carried by unanimous vote. CITY MANAGER HESS reported receipt of a request from R. J. Speigel, Bradston Rattan Products, in regard to a conveyor line from their building to a metal building which they contemplate renting and stated he was not able to find any requirement that would allow or disallow this type of operation. The City Manager suggested if the Council approves, a resolution be drafted by the City Attorney covering liability and clearance. Moved by Morgan, seconded by Gautereaux, the item be on the Agenda for the next meeting. Councilman Hogue asked if this meant there would be recommendations from the Fire Chief, the Police Chiefand Safety next meeting. Councilman Morgan stated he wished time to investigate the area for himself. Councilman Colburn stated there are conveyors over streets in the City of San Diego and suggested the City Attorney study San Diego ordinances in this regard; it was his wish to help any business to expand. Motion and second were withdrawn. Moved by Colburn, seconded by Hogue, it be turned over to the City Manager and the City Attorney for a report at the next meeting. Carriedgby unanimous vote. CITY MANAGER HESS reported the Baton Boosters requested the use of the Community Building October 14th on a no -fee basis and suggested it be granted. Moved by Allen, seconded by Hogue, the request be granted. Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. 1)/6/64 173 CITY MANAGER HESS presented the minutes of the September 1st meeting of the South Say Irrigation District. Ordered filed by unanimous vote. CITY MANAGER HESS presented the executed Elgin rental agreement (Street sweeper)' and recommended it be filed. Ordered filed by unanimous vote. CITY MANAGER HESS reported the Municipal Employees' Association requested the use of the Community Building on a no -fee basis October lgth and recommended it be granted. Moved by Allen, seconded by Colburn, the request be granted . Carried, by the following vote,to-wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY MANAGER HESS stated the following employees are eligible for step increases: Leslie Harmon, Ida -Toni Love, Walter Piner, and Leonard Young. The City Manager reported their Department heads approved the step increases and he suggested they be granted. Moved by Allen, seconded by Colburn, the step increases be granted. Carried by unanimcus vote. CITY MANAGER HESS reported the certificate of insurance for R. E. Hazard Contracting Company has been reviewed by his office and the City Attorney and appears to be in proper form. Ordered filed by unanimous vote. CITY MANAGER HESS reported receipt of a notice from the Howard Rowe Insurance Service acknowledging receipt of overdue premiums of the City Cab Company and recommended it be filed. Ordered filed by unanimous vote. CITY MANAGER HESS reported the certificate of insurance for Earl E. Crawford,dba Acme Ambulance Service, has been reviewed by his office and the City Attorney and appears to be in proper form and suggested it be filed. Ordered filed by rnanimous vote. CITY MANAGER HESS reported the National City Quarterback Club requested the use of the Community Building November 7th on a no -fee basis, their proceeds to go to the football team, and suggested it be granted. Moved by Colburn, 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 reported receipt of the continuation certificate contract bond of the National City Rubbish, Inc. and said it had been reviewed by his office and the City Attorney. Ordered filed by unanimous vote. THE CITY MANAGER suggested an executive session be held at this time. Mayor Gautereaux recommended the executive session be held at the completion of the items on the Agenda. CITY CLERK MINOGUE stated the Council voted to dispense with the meeting of October 13th, a hearing is scheduled for 8:00 p.m. on the 13th on the proposed vacation and closing of a portion of 21st Street east of Harrison Avenue, and asked if this hearing would have to be continued. Moved by Allen, seconded by Hogue, the hearing be con- tinued to 8:00 p.m. October 20th. Carried by unanimoug vote. CITY ENGINEER FOSTER stated the plans, specifications and estimate had been approved for the improvement of National Avenue from 5th to 14th Street; if it were advertised right away, October 26th would be the first time the bids could be opened. Moved by Allen, seconded by Hogue, we proceed with the work. Carried by unanimous vote. 10/6/64 174 DIRECTOR OF PLANNING STOCKMAN read the Planning Commission recom- mendation of September 10th to approve the application for Zone Variance, No. Z-29, by 3. A. Erickson, Red-E-Crete Company, for the property at the northeast corner of 26th Street and Coolidge Avenue for construction of an addition to the existing structure with a zero setback from Coolidge Avenue, subject to four stipulations as presented to the Council on September 15th. The Director of Planning requested the recommendation be referred to the City Attorney for the necessary resolution if approved by the Council. Moved by Colburn, seconded by Allen, the Planning Commission's recommendation be approved and referred to the Cit Attorney. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN read the Planning Commission recommen- dation of September 23rd to deny the application for Zone Variance No. Z-34, by Mrs. Dorothea Muntean, 705 Harbison Avenue, to permit operation and maintenance of a rest home for three elderly ambula- tory ladies within an R-1, Single Family Residence Zone. Director of Planning Stockman recommended the report be received and returned to the Council on October 27th for action. Moved by Morgan, seconded by Allen, the Director of Planning's recommendation be approved, Carried by unanimous vote. DIRECTOR OF PLA!NINNG STOCKMAN read the Planning Commission recommen- dation of September 23rd to grant the request of the Shell 0i1 Company to erect and maintain four signs within the required 10 foot setback area at the southeast corner of Highland Avenue and 18th Street and a report was received from Deputy Chief J. E. Owen that the signs would not create a hazardous traffic condition. The Director of Planning recommended the report be received and returned to the City Council for final action on October 27th. Moved by Colburn, seconded by Allen, the Director of Planning's recommendation be approved. Carried by unanimous vote, A COMMUNICATION from the Planning Commission relative to the building of nursing homes in the San Diego County Area and a letter from the Hospital and Health Facility Planning Commission of San Diego County were presented. Moved by Allen, seconded by Colburn,the communication be acknowledged and filed. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN read the recommendation of the Planning Commission of September 23rd relative to the approval of the plans for the new services for Stanley Dodge Simca, Inc. between 28th and 29th Streets and waiving the installation of sidewalks and curbs on 29th Street and "A" Avenue until such time as the matter of "A" Avenue and 29th Street is settled and the street area has been brought to proper grade, and that if 29th Street is then left open, the owner of the property be required to install these facilities on both streets and that a certificate of occupancy be issued upon the completion of the building. DIRECTOR OF PLANNING STOCKMAN reported receipt of a.Gtomriu'nicatfon from the Department of Finance, State of California, stailirlg the Federal Government has approved and entered an agreement for the 701 Program and the agreement signed by the City may now be Considered operative. DIRECTOR OF PLANNING STOCKMAN referred to report of Planning Commission of September 22nd regarding Chamber of Commerce sign to be located on city -owned property on 5th Street adjacent to the Freeway and stated if the Council was still in accord with permitting the Chamber of Commerce to place this sign, the matter should be referred to the City Attorney for drafting of a resolution granting permission to erect the sign and including the stipulations. Moved by Allen„„ seconded by Coiburn, the Director of Planning's recommendation be approved. Carried by unanimous vote. 10/6/64 175 ED`YARO GRANZ was present and stated the development of the northwest corner of 30th Street and National Avenue as a shopping center has taken more time than planned and requested an additional four months extension. Moved by Morgan, seconded by Colburn, the matter be referred to the City Manager for a report at the next meeting. Carried by unanimous vote. MOVED BY ALLEN, seconded by Colburn, the meeting adjourn to Executive session. Carried by unanimous vote. ' 1he meeting adjourned at 11:30 p.m. MAYOR GAUTEREAUX called the meeting to order at 12:12 a.m. The follow- ing council members were present: Allen, Colburn, Hogue, Gautereaux. Council members absent: Morgan,:. MAYOR GAUTEREAUX requested the City Manager to report on items result- ing from the executive session. City Manager Hess stated it was determined by majority of the Council that a position of Director of Parks and Recreation would be established by the Civil Service Com- mission, examinations would be held and a certified list would be provided for ultimate selection of the person serving in this capacity; the position of Director of Parks would be abolished and the position would be known as 16Park Superintendent"; the person currently holding this position would rem in at the same salary with the same duties and responsibilities, except that he would serve under the Director of Parks and Recreation; however, upon his retire- ment next year, the position classification and compensation would be re-evaluated; the position of Recreation Director is abolished and the position of "Recreation Superintendent" is established by the Civil Service, that proper examinations be given and an employee certified list be provided for this position. MOVED BY COLBURN, Seconded by Hogue, the meeting be closed. Carried by unanimous vote. Absent: Morgan. the meeting closed at 12:15 a.m. ATTEST: CITY CLERK NIA 10/6/64