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HomeMy WebLinkAbout1963 12-27 CC MIN200 National City, California, December 27, 1963 Adjourned meeting of the City Council was called to order at 7:30 p.m. by Mayor Gautereaux. Council members present: Allen, Colburn, Hart, Morgan, Gautereaux. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Carstens, Foster, Gautereaux, Hess, Associate Civil Engineer Onley, Planning Aide Reeves, Stratton. The meeting was opened with salute to the flag by City Manager Hess, followed with invocation by the Rev. R. D. Richardson, South Bay Bible Community Church. Moved by Hart, seconded by Allen, the minutes of the regular meeting of December 17th be approved. Carried by unanimous vote. MAYOR GAUTEREAUX requested a deviation from the agenda in order to pre- sent awards. Moved by Alien, seconded by Morgan, the Mayor's request be approved. Carried by unanimous vote. RESOLUTION NO. 8537, "RESOLUTION OF COMMENDATION TO WINNER OF MUNICIPAL YOUTH RECOGNITION AWARD (Celia Acune)", was read. Moved by Hart, sec- onded by Morgan, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8538, "RESOLUTION OF COM. NDATION TO WINNER OF MUNICIPAL YOUTH RECOGNITION AWARD (Cynthia Jones)", was read. Moved by Allen, seconded by Hart, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. MAYOR GAUTEREAUX presented hand -scrolled copies of the Resolutions and MYRA awards to Celia Acuna, sixth grade Kimball School, and Cynthia Jones, sixth grade Central School, for citizenship and outstanding accomplish- ments. MAYOR GAUTEREAUX stated two Resolutions of Commendation for MYRA awards given last month were to be presented. RESOLUTION NO. 8539, "RESOLUTION OF COMMENDATION TO WINNER OF MUNICIPAL YOUTH RECOGNITION AWARD (Thelma Camacho)", was read. Moved by Morgan, seconded by Allen, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8540, "RESOLUTION OF WMVENDATION TO WINNER OF MUNICIPAL YOUTH RECOGNITION AWARD (Margie Kim)", was read. Moved by Morgan, sec- onded by Allen, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hart, Morgan, Gautereaux. Nays: None. 12/27/63 201 RESOLUTION NO. 8541, "RESOLUTION HONORING PAST PRESIDENTS", was read. Moved by Morgan, seconded by Colburn, the Resolution be adopted. Car- ried, by the following vote to -wit; Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8542, "RESOLUTION COMMENDING THE STATE DEPARTMENT OF PUB- LIC WORKS FOR COOPERATION WITH LOCAL GOVERNMENT IN ADMINISTRATION OF THE COLLIER-UNRUH ACT", was read. Moved by Allen, seconded by Colburn, the Resolution be adopted and a copy sent to the State Director of Public Works. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hart, Morgan, Gautereaux. Nays: None. CITY ATTORNEY CARSTENS stated the next Resolution amends property des- criptions of assessments on Highland Avenue and recommended it be adopted by reading of the title only. Moved by Allen, seconded by Colburn, the reading of the Resolution amending property descriptions be waived and it be adopted by reading of the title only. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None, RESOLUTION NO. 8543, "RESOLUTION AMENDING PROPERTY DESCRIPTIONS OF ASSESS. MENTS (Highland Avenue from Division Street to Fourth Street and from Eighteenth Street to Thirtieth Street)". Moved by Allen, seconded by Hart, the Resolution be adopted by reading of the title only. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. CITY ATTORNEY CARSTENS recommended the City Clerk be authorized and directed to acknowledge a certified copy of the Resolution and have it recorded with the County Recorder with a copy being forwarded to our bonding attorneys. Moved by Allen, seconded by Hart, the City Attorney's recommendation be approved. Carried by unanimous vote. CITY ATTORNEY CARSTENS stated the next five resolutions concern the 1911 Act Improvement of Seventeenth Street from "J" Avenue to "L" Avenue and recommended the reading of the resolutions be waived and they be adopted by reading of the titles only. Moved by Allen, seconded by Hart, the reading of the resolutions be waived and they be adopted by title only. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8544, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS (17th Street from "J" Avenue to "L" Avenue)". RESOLUTION NO. 8545, "RESOLUTION ADOPTING MAP SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT (17th Street from "J" Avenue to "L" Avenue)". RESOLUTION NO. 8546, "PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER 'SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931' (17th Street from "J" Avenue to "L" Avenue)': 12/27/63 202 RESOLUTION NO. 8547, ::RESOLUTION APPROVING ENGINEER'S REPORT AND FIXING HEARING DATE (17th Street from "J" Avenue to "L" Avenue)". RESOLUTION NO. 8548, "RESOLUTION OF INTENTION (17th Street from Avenue to "L" Avenue)". Moved by Morgan, seconded by Allen, the five resolutions in regard to the improvement of 17th Street be adopted. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hart, Morgan, Gautereaux. Nays: None. CITY ATTORNEY CARSTENS recommended the next five resolutions in regard to the 1911 Act Improvement of Second Street east of Harbison be adopted by reading of the title only. Moved by Allen, seconded by Colburn, the reading of the resolutions be waived and they be adopted by reading of the title only. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8549, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS (2nd Street east of Harbison)". RESOLUTION NO. 8550, "RESOLUTION ADOPTING MAP SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT (2nd Street east of Harbison Avenue)", RESOLUTION NO. 8551, "PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER 'SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTRST ACT OF 1931' (2nd Street east of Harbison Avenue)". RESOLUTION NO. 8552, "RESOLUTION APPROVING ENGINEER'S REPORT AND FIXING HEARING DATE (2nd Street east of Harbison)". RESOLUTION NO. 8553, "RESOLUTION OF INTENTION (2nd Street east of Har- bison Avenue)". Moved by Hart, seconded by Allen, the five Resolutions in regard to the improvement of Second Street be adopted by title only. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8554, "RESOLUTION CONSENTING TO . ASSIGNMENT OF CONTRACT (incorporation of National City Rubbish Service, Inc.)", was read. Moved by Morgan, seconded by Allen, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. CITY ATTORNEY CARSTENS stated an ordinance approving the 'tFr Annexa- tion" to the City of National City is to be presented for the first read- ing and recommended it be read by title only. Moved by Hart, seconded by Allen, the reading of the ordinance be waived and the first reading be by title only. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. 12/27/63 203 ORDINANCE NO. , "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED 'rAo N R �- ANNEXATION TO THE CITY OF NATIONAL CITY", was given its first reading by title only. CITY ATTORNEY CARSTENS stated the ordinance approving the "Slepko Annexa- tion" is to be presented for its second reading. Moved by Allen, sec- onded by Morgan, the reading of the ordinance be waived and it be adopted by title only. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. ORDINNANCE NO. 1088, "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED 'SLEPKO ANNEXATION' TO THE CITY OF NATIONAL CITY". Moved by Allen, seconded by Colburn, the Ordinance be adopted by reading of the title only. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. CITY ATTORNEY CARSTENS presented a written report on the Oral Argument before the California Public Utilities Commission in Case No. 7409, State Building, San Francisco, November 20-21, 1963, and recommended the original be filed with the City Clerk. Ordered filed by unanimous vote. CITY ATTORNEY CARSTENS stated Vice Mayor Allen requested an opinion on the purchase of trophies to be awarded to winners of the Garden Club's show; the Attorney General's office has not been able to find a prece- dent either pro or con. In view of the circumstances, since the trophies will be for a public purpose, it would appear the purchase by the City would be proper. Moved by Allen, seconded by Morgan, the trophies be purchased. Mayor Gautereaux stated this action was previously taken by the Council. Councilman Morgan withdrew his second. The motion died for lack of a second. REVEREND R. D. RICHARDSON, 1220 "0" Avenue, was present and protested the proposed traffic signal at Plaza Boulevard and Palm Avenue and the designation 12th Street as right turn only onto Palm. He stated there is a need for a five -way traffic signal at the intersection, but the designation of 12th Street for right turn only would make it difficult for people to locate or get to his Church. Mayor Gautereaux stated further discussion of the subject would be deferred until after the Engineer's report was heard in its proper place on the agenda. JOHN STONER, 1418 E. 7th Street, was present and requested a re -vote on the improvement of "L", "M", 6th and 7th as a majority of people in the area favor the improvement. Moved by Allen, seconded by Hart, the resolution to proceed be read. Councilman Hart inquired if this was the resolution to proceed on the amended plans, omitting the alley, and if the cost of removing existing curbs was to be paid by the City. City Engineer Foster stated the alley has been omitted and the curbs will be taken care of by the City, where no curbs exist, the property owner will 12/27/63 204 pay. Carried by unanimous vote. Moved by Colburn, seconded by Allen, the reading of the resolution to proceed be waived and the resolution be adop- ted by title only. R. P. Sims, 528 "L" Avenue, was present and inquired about the cost of moving telephone poles and water meters. City Engineer Foster stated there is no charge for moving telephone poles and a charge for moving water meters in some instances. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8555, "RESOLUTION DETERMINING THAT PROJECT SHOULD PROCEED ("L" Avenue from 4th Street to 6th Street, "M" Avenue from 4th Street to 8th Street, 6th Street from Palm Avenue West to Sunny Vale, 7th Street fro Palm Avenue West to Termination, Alleys in Block 15, Pepper Plat, Map 1515 Moved by Colburn, seconded by Allen, the Resolution be adopted. Council- man Hart inquired about the alleys mentioned in the title of the Resolutio. City Attorney Carstens stated the alley has been omitted. from the amended plans and specifications but the title of the assessment district cannot be changed. Carried, by the following vote to -wit: Ayes: Allen, Colburn. Hart, Morgan, Gautereaux. Nays: None. MAYOR GAUTEREAUX stated the hearing on the Resolution of Intention No. 8499 should be closed. Moved by Morgan, seconded by Colburn, the hearing be closed. Carried by unanimous vote. Moved by Allen, seconded by Colburn, the reading of the resolutions order- ing work and setting the wage scale be waived and they be adopted by title only. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart Morgan., Gautereaux. Nays: None. RESOLUTION NO. 8556, "RESOLUTION ORDERING WORK ("L" Avenue from 4th Street to 6th Street, "M" Avenue from 4th Street to 8th Street, 6th Street from Palm Avenue West to Sunny Vale, 7th Street from Palm Avenue West to Ter- mination, Alleys in Block 15, Pepper Plat, Map 1515)". RESOLUTION NO. 8557, "RESOLUTION ADOPTING WAGE SCALE ("L" Avenue from 4th Street to 6th Street, "M" Avenue from 4th Street to 8th Street, 6th Street from Palm Avenue West to Sunny Vale, 7th Street from Palm Avenue West to Termination, Alleys in Block 15, Pepper Plat, Map 1515)". Moved by Allen, seconded by Colburn, the Resolutions ordering work and adopting the wage scale be adopted. Carried, by the following vote to - wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. John Stonerthanked the members of the Council, the Mayor and all the people who were present. RICHARD KNUTSON, 2210 "J" Avenue, was present and requested the improve- ment of "J", "K", 21st and 22nd Streets be brought back for a re -vote. He stated although Councilmen Hart and Morgan claimed there is a majority against the improvement, the two blocks in his area were not canvassed. Councilman Morgan stated he voted for the "L" Avenue improvement because 12/27/63 205 he found a majority were in favor of it; he does not believe there is a majority in favor of the "J" Avenue improvement. Mayor Gautereaux stated the matter is tabled until a member of the Council brings it back to the floor. Moved by Allen, seconded by Colburn, the matter be brought back to the floor, and these people given the same opportunity that was given to the other people. City Manager Hess read an analysis of the protests to the improvement: 21 valid written protests, 7 oral protests which duplicated the written protests and 4 protests made orally only; there was a total of 40.5% protest, but taking the oral protests into account, including the duplications, there was a total protest of 44.2%. Coun- cilman Colburn stated the reason it appears there is a majority against is because the people who favor it do not write or appear before the Council. Jaime Davis, a neighbor of Richard Knutsen, was present and stated he favors the improvement and because the hearing was held during the day many people who favored the improvement were not able to attend. Councilman Hart stated if the people would bring him a list signed by enough people to show that a majority want it, he will vote for it. P. R. Good, 2321 "J" Avenue, was present and stated he would like to see Councilman Morgan's list of 70 to 80% against the project. City Attor- ney Carstens stated in regard to the resolution being considered has nothing to do with protests or majority protests; in case the law requires 4/5 vote to decide if the project is feasible and are the lands able to carry the cost of assessment. Mayor Gautereaux recommended the motion be reconsidered and it remain on the table. Vice Mayor Allen withdrew his motion; Councilman Colburn withdrew his second. COUNCILMAN MORGAN stated in regard to an editorial in the Star -News to the effect that he voted against the 1911 Act on "L" Avenue because his old crony, the ex -manager, did not want it, he has not talked to Mr. Bird in many months; he votes what he believes is in the best interest of the City and the people involved. He stated he talked with members of the San Diego Grand Jury concerning the editorial and will talk fur- ther with them after the first of the year. Kay Jurado, 247 E. 5th Street, was present and stated National seems to have been overlooked during the past thirty years and it is because the City Fathers prefer it this way. She stated Jury investigations are possible when the will of the majority looked. VICE MAYOR ALLEN stated he toured National City Saturday night at the Christmas light displays and it was beautiful. MAYOR GAUTERE UX stated in regard to the possible phasing out of the Naval Repair facility a major portion of it is within National City and he has received two communications relative to it. Mayor Curran has City asked if Grand is over- looking 12/27/63 206 requested Mayor Gautereaux to accompany him and Port Commissioner Ruehle to Washington, D. C. on January 5th to deliver a protest with our Con- gressman and appropriate officials to the President of the United States to delay the phasing out of the 'aval Repair Station. The Mayor also stated he received a communication from Lionel VanDeerlin requesting a resolution in regard to the closing of the Naval Repair Station. The City Manager estimates 30 to 40% of the people employed at the Naval Repair Station live in National City and have an annual earning capacity of four million dollars. Moved by Morgan, seconded by Hart, to auth- orize the Mayor, or his appointee Vice Mayor Alien, to go to Washington, D. C., on January 5th to present to the proper officials a protest to the phasing out of the Naval Repair Station. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None, RESOLUTION NO. 8558, "RESOLUTION REQUESTING POSTPONEMENT OF CLOSING OF NAVAL REPAIR FACILITY" was read. Moved by Morgan, seconded by Allen, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. Moved by Allen, seconded by Colburn, the City Attorney check for a report (this same thing is being done in San Diego) on 99 acres voted by the people of the City of National City to the Federal Government in the 1930's to create the land this facility is built on; San Diego is inves- tigating the possibility of suing to get this property back if it is closed and National City should do the same. Carried by unanimous vote. PAYROLL, audited by the Finance Committee in the amount of $56,727 was presented. Moved by Colburn, seconded by Allen, the payroll be approved and warrants ordered drawn for same. Carried, by the following vote to - wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. SILLS audited by the Finance Committee in the amount of $75.60 were pre- sented. Moved by Allen, seconded by Colburn, the bills be approved and warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. COUNCILMAN HART left the Chambers. RESOLUTION NO. 8559, RESOLUTION OF tions, Inc., $22,118.84 for police by Colburn, seconded by Alien, the the following vote to -wit: Ayes: Nays: None. Absent: Hart. CAPITAL OUTLAY (Motorola Communica- and fire radio)", was read. Moved Resolution be adopted. Carried, by Allen, Colburn, Morgan, Gautereaux. COUNCILMAN HART returned. CITY ENGINEER FOSTER reported in regard to the difference between cost of the Hadley assessment and neighbor's. He stated he has explained to 12/27/63 207 Mrs. Hadley, one of the assessments contained sidewalks and driveway which made the difference. CITY ENGINEER FOSTER stated he has looked into the drainage at 22nd and Highland Avenue, but he was not able to find Mrs. Hadley at home. He requested the report be laid over until he has an opportunity to talk to her. CITY MANAGER HESS reported in regard to the cost of installing new micro- phones for the Council, the cost for installation would be in the vici- nity of $400; the present microphones have been checked and there is nothing critically wrong with the system and the matter could be allevi- ated if all would speak directly into the microphones at a distance of no more than 8 to 10 inches. Moved by Hart, seconded by Allen, the City Manager's recommendation be approved. Carried by unanimous vote. PROTEST of property owners between 4th and 8th Streets on 'IM" Avenue to 1911 Act Improvement was presented and ordered filed by unanimous vote. COMMUNICATION from Civil Service Commission requesting an appointment to the Commission was presented. Move: by Allen, seconded by Colburn, the appointment be referred to the Mayor and the communication filed. Car- ried by unanimous vote. MINUTES of the Civil Service Commission meeting of December 18th were presented and ordered filed by unanimous vote. REPORT from City Manager Hess and City Engineer Foster regarding items referred to Management by Traffic Safety Committee was presented. Moved by Allen, seconded by Colburn, the recommendations be approved and the report be filed. Carried by unanimous vote. MINUTES of the sented. Moved under the City Real Estate Committee meeting by Allen, seconded by Morgan, Manager's report. Carried by of December lath were pre - the minutes be brought up unanimous vote. MAP of traffic control, Plaza Boulevard and Palm Avenue, was presented. City Engineer Foster explained 12th Street could not be entered from Plaza Boulevard. The following were present and stated they believed a traffic signal was necessary at the intersection, but protested the one- way exit only from 12th Street to Plaza Boulevard: Mrs. Leonard Lightner 2126 E. 12th Street; Norman Wortman, 1713 E. 12th Street; K. M. Miller, 2034-a E. llth Street; Don Crockett, 1802 E. 12th Street; Louis Grimmer, 2039 E. 12th Street; Peter Huisveld, 1921 E. 12th Street; and the Rev. R.D. Richardson, 1220 "O" Avenue. Moved by Hart, seconded by Morgan, the matter be held over until the City Engineer can determine what is ther necessary to open up the corner of 12th Street ande/ we have to condemn property so we would not have to have one-way traffic. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. 12/27/63 208 REQUEST FOR REFUND of $25 performance bond by J. H . Foltz was presented. Moved by Allen, seconded by Colburn, the request be granted and warrant ordered drawn for same. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hart,' Morgan, Gautereaux. Nays: None. CITY MANAGER HESS reported receipt of a communication from the San Diego Transit System requesting discontinuance of franchise fee; the fee in 1962 was $2,630.74. City Manager Hess recommended we do not discontinue the franchise fee. Moved by Morgan, seconded by Allen, the City Mana- ger's recommendation be approved. Carried by unanimous vote. CITY MANAGER HESS stated in regard to the minutes of the Real Estate Com- mittee meeting of December 18th there are three matters to be acted on individually: 1. Act as to whether or not you are willing to sell the property. 2. How the sale should be handled. 3. Method of handling the down payment. Moved by Morgan, seconded by Hart, the offer from Lusk be accepted for city owned land with six stipulations: 1. land must go to bid. 2. no subordination agreements. 3. buyer will put in all permanent sidewalks, curbs and streets in entire property being used. 4. buyer must buy at least 10 acres at a time. 5. authorize Manager to negotiate to reduce number of units per acre. 6. keep 5 acres on corner of 24th and "D" and also any and all property zoned for commercial use not to be sold in this sale. Motion failed by the fol- lowing vote to -wit: Ayes: Hart, Morgan. Nays: Allen, Colburn, Gautereaux. Moved by Allen, seconded by Colburn, the property be sold as recommended by the Burgener Realty Company and on the offer they pre- sented to us and that is all the property as outlined in the offer for $23,000 an acre for all the useable property. Mayor Gautereaux said all we are trying to determine at this point is whether or not we want to sell the property; the next consideration will be the method of the sale, CITY ATTORNEY CARSTENS asked if Vice Mayor Allen wished to include "accept the offer" in the motion if all we are trying to determine is whether or not we wish to sell the land. Vice Mayor Allen withdrew the motion; Councilman Colburn withdrew his second. Moved by Allen, sec- onded by Colburn, the property be sold. J. D. Mann, 130 E. 28th Street, was present and inquired what was meant by usable land. Motion carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. Moved by Alien, seconded by Colburn, to accept the offer of Lusk Company through the Burgener Realty Co. for the prop- erty for the price set forth, $23,000 an acre for the usable property, usable property being all that property in the area except that which is kept out for streets and that we accept the $25,000 to go into escrow and make a direct sale. Councilman Morgan said we should keep the 5 acres on 24th and "D" to trade for property across from the Community 12/27/63 209 Building. Mr. Joe Suffudy of Burgener Real Estate Company was present and stated they wish to buy all the land except the streets, if the City wishes to close a street, they will buy. Councilman Hart stated he would like it to go to bid. Mr. Suffudy stated if the property were to go to bid the offer would be withdrawn; they wished to negotiate the purchase. E. H. Alsdorf, 2105 "J" Avenue, was present and asked if the property under discussion extended to 24th Street or if it went all the way to 29th Street. Vice Mayor Alien stated it is "A" to Highland and extends to 29th Street; it is all the property in the 0livewood Housing. Councilman Morgan stated this should be treated as a subdivi- sion. Mr. Suffudy stated under R.H.A. requirements it would be under master planning. Mr. Linthicum of the Lusk Corporation and Assemblyman Clair Burgener were present and spoke briefly of their plans. City Manager Hess recommended the motion be amended to state the $25,000 down payment be deposited by the City Treasurer in order to draw inter- est and not placed in escrow. Vice Mayor Allen stated he would include the amendment in his motion; Councilman Colburn stated he would include the amendment in his second. Mrs. Elizabeth Ames, 1927 Granger Avenue, was present and stated under the negotiated deal they will permit the City to continue rentals; if it were to go to bid, this would not be possible. Motion carried by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. MAYOR GAUTEREAUX read a communication from Robert C. Frazer, President of the Chamber of Commerce recommending the City Council proceed with negotiations for the sale of land to the Lusk Corporation. Ordered filed by unanimous vote. VICE MAYOR AT.TPN asked if any further action is required of the City Council for the City Manager to proceed with the sale. City Manager Hess stated he needs Council approval to enter negotiations. Moved by Allen, seconded by Colburn, the City Manager and the City Attorney be authorized to enter negotiations and escrow and that 6% commission be paid on the sale. City Manager Hess stated he would like to have the benefit of Councilman Morgan's stipulations to give them consideration when entering into escrow. City Attorney Carstens stated the Council has accepted the offer, but there may be some variation such as the $25,000 going into the City's bank account rather than escrow and asked if there are variations. J. D. Mann asked if it is true they are buying only ten acres at the present time. Mayor Gautereaux stated this is not true, R.H.A. will master plan the forty plus acres, but the lands vacant at the moment will be developed first, until the entire project will be developed. Councilman Colburn stated if they develop twenty acres and there is no indication of future sales they could stop the project and the property would revert back to the 12/27/63 210 City. William Linthicum stated the offer is based on the total property as adjusted after survey at $23,000 per acre for a period of 24 months after it goes into escrow. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. CITY MANAGER HESS stated action is also necessary on the recommendation of the Real Estate Committee the city sell approximately five acres of land to the D. H. Overmeyer Warehouse Co. at the rate of $15,000 per acre net to the City, this to go to bid. Moved by Morgan, seconded by Colburn, the Real Estate Committee's recommendation be approved. Vice Mayor Allen stated there was discussion of two ways of building the warehouse; two portions or a long building out towards the ceramics; Mr. Frye of the railroad company stated it would not be possible to get a spur track in to our property on the north side of 30th Street between National and Hoover. Vice Mayor Allen stated it would have to be more specific what property would be sold. City Manager Hess recommended prior to accepting or rejecting any offer or setting a fixed price, the actual area be defined so it can be brought back to Council for the Councilts approval. Councilman Morgan said he would include that in the motion; seconded by Colburn. Carried, by the following vote to -wit: Ayes: Colburn, Hart, Morgan, Gautereaux. Nays: Allen. CITY MANAGER HESS stated action is necessary on the Real Estate Com- mittee's recommendation the City Manager be given authority to open escrow if Mr. Creaser presents a $5,000 check to purchase property for Burnett Furniture Co. Moved by Allen, seconded by Colburn, the recom- mendation of the Real Estate Committee be approved. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: Morgan. CITY MANAGER HESS stated G-M-U, Inc., builders of the golf course in Las Palmas Park, who are going through a period of re -organization, have requested they be permitted to change their bank account from the Bank of America in National City to Bank of America in La Jolla for convenience. The City Manager recommended the Council approve the trans- action and the City Attorney and the City Manager be allowed to work out the necessary details in order to protect the City. Moved by Hart, sec- onded by Colburn, the City Manager's recommendation be approved. Car- ried by unanimous vote. CITY MANAGER HESS stated C.K.F.M. who recently took part in the devel- opment of the Metropolitan Sewer, requested an extension of their lease on the corner of 24th Street and Coolidge Avenue for a period of about two or three months at the present rate of $60 per month in order they may dispose of equipment. City Manager Hess recommended the request be granted. Moved by Morgan, seconded by Colburn, the City Manager's 12/27/63 211 recommendation be approved. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. CITY MANAGER HESS reported receipt of a communication from the San Diego County Water Authority which covered the same items brought before the Council by Charles Kerch and recommended the communication be filed. Ordered filed by unanimous vote. CITY MANAGER HESS reported in regard to the pony at the South Bay Plaza there is no ordinance which has not been complied with in maintaining the pony in the area. CITY CLERK STRATTON reported receipt of affidavits of publication of Resolution 8516 and Ordinances 1084, 1085, and 1086. Ordered filed by unanimous vote. CITY CLERK STRATTON reported receipt of notices of postponed hearing to January 6th at 2:30 p.m. from the Local Agency Formation Commission for Granger No, 2 Annexation, Granger No. 3 Annexation, Rae Place Annexation and Shelby Drive No. 2 Annexation. Moved by Allen, seconded by Morgan, they be referred to the Director of Planning and filed. Carried by unanimous vote. CITY CLERK STRATTON presented reports and recommendations from the San Diego County Boundary Commission for Rae Place Annexation, Granger No. Annexation, Granger No. 3 Annexation and the Fritz Annexation. Moved by Morgan, seconded by Alien, they be referred to the Director of Plan- ning and filed. Carried by unanimous vote. PLANNING AIDE REEVES presented a petition for annexation of uninhabited territory designated "Fritz Annexation" and recommended it be filed. Ordered filed by unanimous vote, E. H, Alsdorf, 2105 r'J" Avenue, stated he thought the matter of the Duck Pond Sanitary Fill should be referred to the Budget. Moved by Hart, seconded by Morgan, the meeting be closed. Carried by unanimous vote. The meeting closed at 10:45 p.m. ATTEST: YOR, C TY2/NATIONAL CITY, CALIkUiZ[dIA CITY CLERK 12/27/63 2