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HomeMy WebLinkAbout1958 05-06 CC MIN320 National City, California, May 6, 1958 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.M. o'clock. Council members present: Allen, Fess- man, Hart, Hollingsworth, Hodge. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Lill, Stockman, Bird, Curran, Osburn, Gautereaux. The meeting was opened with pledge of allegiance to the Flag, fol- lowed by invocation by Mayor Hodge. Moved by Hollingsworth, seconded by Allen, the minutes of the reg- ular meeting of April 22, 1958, be approved. Carried, all the Coun- cil present voting aye. ATTORNEY CURRAN stated there has now been filed with the City the documents required in order to approve the final map of Bonamo and Graham Subdivision, and the last item is Contract Bond No. '751895 issued by Glens Falls Insurance Company which has been submitted, and it is recommended the bond be approved and filed. Moved by Hart, seconded by Fessman, the City Attorney's recommendation be approved. Carried, by the following vote to -wit: Ayes: Alien, Fessman, Hart, Hollingsworth, Hodge. Nays: None. RESOLUTION NO. 7214 was read, approving the final map of Graham and Bonamo Subdivision. Moved by Hart, seconded by Fessman, the Reso- lution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7215 was read, granting a special zone variance per- mit to Mettle I. Cheneweth for the purpose of constructing a 42 bed addition to the existing facilities of the Valley View Sanitarium and Rest Home. Moved by Hollingsworth, seconded by Hart, the Reso- lution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7216 was read, granting a special zone variance per- mit to E. O. Kaiser for the purpose of using his entire lotto en- large the existing commercial structure located thereon. Moved by Hart, seconded by Alien, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7217 was read, authorizing the employment of C. T. Mess, Consulting Engineer, to represent the interests of the City of National City and the residents and property owners of said City Li. AolAications Nos. 39679, 39680 and 39681, now pending before the iublic Utilities Commission of the State of California, whereby San Die_Po Gas & Electric Company has made application to increase its rates fur furnishing electricity, gas and steam. Moved by Hollings- worth, seconded by Fessman, the Resolution be adopted. Carried, all the Council present voting aye. IIESuLUTION NO. 7L18 was rca,,,,, accepting grant deeds from the follow- ing: James David Su1liva:i, u,,,,ei Larch 18, 1958; Archie L. and Jane f /6/58 321 M. Pool, dated April 1, 1958; Katherine L., Lawrence E. and Clarence E. Carman, dated March 13, 1958. Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. ATTORNEY CURRAN reported Sullivan Hardwood Lumber Company has filed a copy of its policy with Maryland Casualty Company, Policy No. 31-084785, also certain certificates are attached to this policy, all of which satisfy the requirementsof that Corporation's lease with the City of National City, and recommended this copy of the policy be approved and filed. Moved by Fessman, seconded by Hollingsworth, the City Attorney's recommendation be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated there was referred to him three notices of election to declare default, which was prepared by the Union Title Insurance & Trust Company by virtue of the deed of trust made by Albert V. Steele and Viola G. Steele in which S. E. Fishman was fore- closing. Apparently the only reason the City of National City was given notice of this election to declare default was in the event there were any National City taxes due on the property. The docu- ment shows on its face the trust deed was made in the year 1957 at which time all the taxes were being collected by the County, there- fore, any taxes due to the City would be picked up in settling on the County taxes; it is therefore not necessary to take any action and it would not appear there is any necessity of filing these doc- uments. ATTORNEY CURRAN stated the demurrer which he filed to the complaint against the City of National City by the Vaughns came up for a hear- ing last Thursday in Superior Court. The City's demurrer to the complaint was sustained, and the plantiffs were given twenty days in which to amend their complaint. ATTORNEY CURRAN reported that Fidelity and Deposit Company of Mary- land has served notice it desires to cancel the Contractor's Side- walk License Bond No. 71 78 744 on behalf of Salvatore Giardina, dba Sam Giardina, and recommended Mr. Giardina be advised to file a new bond or to turn in his license. Moved by Fessman, seconded by Hollingsworth, the City Attorney's recommendation be approved. Car- ried, all the Council present voting aye. ROBERT BONAMO was present and asked permission to take the final map of Graham and Bonamo Subdivision to the title company. Mayor Hodge granted Er. Bonamo permission to so do. BILLS AUDITL BY THE FINANCE COMMITTEE presented: General Fund Traffic Safety Fund Park Fund Retirement Fund Special Street Fund $27,376.93 1,639.44 405.89 3,421.96 5,913.96 5/6/58 Drainage Fund Swimming Pool Fund Right of Way Acquisition Payroll Fund TOTAL $ 32,325.00 125.53 221.76 77,363.26 $148,793.73 322 Moved by Hollingsworth, seconded by Fessman, the bills be approved for payment, and warrants drawn for same. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. COMMUNICATION FROM CHAMBER OF COMMERCE was read recommending that a National City Historic Building Committee be appointed by the Mayor. The committee should consist of historians, librarians, architects, and interested community leaders. The function of this committee will be to conduct an inventory of both historically and architect- urally significant buildings within the City. An evaluation of ac- cumulated data should be made and a priority rating from top signif- iance to merely 'notable4 should be listed. The committee should recommend a preservation program. COUNCILwONiAN HOLLINGSwO TH asked what the cost to the City would be. COUNCILMAN ALLEN stated the idea of forming a committee is to find out what structures are to be preserved and what the cost would be, but at this time there would be no cost to -the City. Mr. Allen said he recommended Paul Mizony and Irene Phillips be appointed on the committee. COUNCILMAN FESS- MMAN Said he did not think it is necessary for the Council to enter into it, the Chamber of Commerce is perfectly capable of doing this job by themselves. MAYOR HODGE stated he was at the meeting of the Chamber of Commerce and their thinking was there would be a little more prestige if the Committee was appointed by the Mayor, and if it is satisfactory with the Council, he will appoint such a committee, as the Mayor, not as a recommending body to the Council, merely a committee for research, not for recommendations. Moved by Allen, seconded by Hart, we accept the Chamber of Commerce's recommendation that the Mayor appoint a committee for research on this particular thing and let them report back to the Council. Carried, by the fol- lowing vote to -wit: Ayes: Allen, Hart, Hollingsworth, Hodge. Nays: Fessman. COMMUNICATION FROM SAN DIEGO COUNTY WATER AUTHORITY was read stating that the enclosed copy of the letter received from the Boarth..of Supervisors of San Diego County was considered by the Board of Di- rectors of the Authority at its meeting of April 17, 1958. The letter was referred to the Water Problems Committee with instruct fors that the General Manager and Chief Engineer send a copy of the letter and enclosures to member agencies of the Authority for their ii.formation. CITY CLERK ALSTON recommended it be referred to the City Attorney. Moved by Hollingsworth, seconded by Hart; the City Clerk's recommendation be followed. Carried, all the Council pres- ent voting aye. COIViMUNICATION FROM SAN DIEGO GAS & ELECTRIC COMPANY was read pro- testing the proposed closing which will effect 26th atreet, Highland 5/6/58 323 to 4F- Avenue and 4G4 Avenue, 270 feet north from 26th Street. Upon receipt by the Company of properly executed easements protecting ex- isting gas and electric facilities, the Council will be notified and this protest withdrawn. COUNCILWOCVAN HOLLINGSVORTH asked City Plan- ner Stockman if the School Board has been notified. MIRS. STOCAMAN stated the School Board does know about it, and they have asked that no action be taken by the Planning Commission until they have worked out this difficulty. Moved by Hollingsworth, seconded by Hart, the communication be laid over until further notice from the School Board and the San Diego Gas & Electric Company. Carried, all the Council present voting aye. CUN1MUNICATIUN FROM SAN DIEGO COUNTY WATER AUTHORITY was read stating they are enclosing a copy of a resolution adopted by the Metropolitan Water District's Board on A :ri1 8, 1958, establishing rates of water` sold and delivered by the District's Mc:nbar Agencies which rate will become effective July 1, 1958. CITY CLEnk ALSTON recommended it be referred to the City Attorney. Moved by Hart, seconded by Hollings- worth, the City Clerk's recommendation be followed. Carried, all the Council present voting aye. COMMUNICATION FROM THE BUILDING DEPARTMENT regarding the release of relocation bond, 24th Street at Tidelands Avenue, John Hansen, Con- tractor, was read. The relocation of four large above ground stor- age tanks was satisfactorily completed by the John Hansen Company without damage to any public property. All requirements as speci- fied by this office and the Fire Department have been complied with, and recommended the relocation bond No. 3050509 as issued by the Hartford Accident and Indemnity Company be released. Moved by Allen, seconded by Fessman, we accept the recommendations of the Building Department. Carried, all the Council present voting aye. COMMUNICATION FROM NATIONAL CITY POLICE RELIEF ASSOCIATION was read, requesting that wages for the position of patrolman of the National City Police Department be raised to an equal level of those paid the San Diego Police Department, and that the wages then remain the same' as the San Diego Police Department, whether their wages are increased or decreased, and that proper adjustment be made accordingly in all succeeding ranks. CUUNOILu,oL V HOLLINGS&iORTH stated she is very sure if they investigated fringe benefits that National City employ- ees have, as compared to some of these other cities, they would find we rate very favorably, however, careful consideration of the letter should be given. Moved by Hollingsworth, seconded by Allen, the re- q'zest be referred to the Finance Committee. Carried, all the Coun- cil present voting aye. Gu.MUNICATION FROM DEPARTMENT OF PUBLIC WORKS was read stating that the quarterly allocation of gas tax funds for the period ending March 31, 1958, is 422,728.64 based an a population of 31,785. Mov- ed by Hollingsworth, seconded by Hart, the report be filed. Car- ried, all the Council present voting aye. 5/6/58 324 COMMUNICATION FROM SAN DIEGO HUMANE SOCIETY was read asking the Mayor to proclaim May 4 through May 10 as "Be Kind to Animals Week. Moved by Hart, seconded by Fessman, the Mayor so proclaim. Carried, all the Council present voting aye. CITY CLERK ALSTON stated she received a notice of our Agreement No, 6419 to purchase tax deeded land on which we have an option, which stated, unless the said property is redeemed according to law prior to May 20, 1958, at the hour of 10:00 A.M., said option of the City of National City shall be and become in full force and effect. MAYOR HODGE ordered the notice filed. APPLICATION FOR OFF SALE GENERAL BEVERAGE LICENSE for Ranch House Liquors, 1602 E. Fourth Street, was presented. REPORT FROM POLICE DEPARTMENT stated investigation disclosed no grounds for protest of the application. Moved by Hollingsworth, seconded by Hart, the ap- plication be filed. Carried, all the Council present voting aye. CITY ENGINEER LILL reported we have a petition for improvement of Laurel Avenue from Second Street to Division Street, and of First Street from Laurel Avenue to Norton Avenue. The petition is signed by persons interested in 64% of the area and 56% of the frontage of the property proposed to be assessed for such improvement. It is recommended the project be authorized and the Engineering Depart- ment be instructed to prepare the necessary plans and specifications. Moved by Fessman, seconded by Hart, the City Engineer's recommend- ation be approved. Carried, all the Council present voting aye. CITY ENGINEER LILL reported that the McKinley Avenue Improvement is completed; 17th Street Improvement is completed; work is progressing on the Tidelands Sewer Project. CITY MANAGER BIRD stated we are in possession of the easement re- quested from the Santa Fe Railway Company for that missing portion of Tidelands Avenue, and recommended it be referred to the City At- torney for authorization to prepare a resolution for acceptance of the easement. Moved by Hart, seconded by Fessman, the City Manager's recommendation be approved. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None, CITY MANAGER BIRD stated that in the matter of acquisition of prop- erty for flowage rights on our proposed Paradise Creek, we have been unable to come to an equitable negotiation with a property owner for property lying in the County of San Diego north of the north stream of the Sweetwater River at Edgemere Road, and recommended the City Attorney be authorized to bring condemnation proceedings against she property in question owned by Mr. Vincent DeLucia and Associates. Moved by Hollingsworth, seconded by Fessman, the City Manager's recommendation be approved. Carried.. by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. REPORT FROM SUPT. OF PARKS AND RECREATION GAUTEREAUX regarding the Baseball Association, was read, stating he checked certain accounts 5/6/58 325 for available revenue which might be used for the construction of the fence. The total cost of the materials will be approximately $850.00 plus one man's labor other than park labor. It is desired to meet this expense as follows: metal fencing, which is approxi- mately 60 percent of the totalaost to come out of Park Account 5-B2 with the lumber and concrete to be paid out of M. & I. Account 515-B2. In the absence of the City Manager, Mr. Gautereaux said he procured the necessary materials and has used volunteer services of Mr. Stewart in the first preparation of same. COMMUNICATION FROM Si,EENATER UNION HIGH SCHOOL DISTRICT was read, stating they are ready to install the sidewalks and curbs on the east side of Granger Avenue in front of the Granger Junior High School whenever the City of National City is ready to improve the street. When the City is ready to start street improvements on Granger Avenue, they would like the information on the grades for the installation of sidewalks and curbs. They can install and pay only for the sidewalks and curbs and cannot agree to assume lia- bility for anything other than sidewalks and curbs. It is requested they be notified when the City is ready for them to do their part as outlined above. CITY MANAGER BIRD stated that W. Lill and him- self quite sometime ago had a meeting which Mr. Rindone attended; Mr. Foster, President of the Sweetwater High School Board; and a Mr. Charles Foster of the Architects Firm of Kistner and Curtis, wherein we discussed this situation which has been brought about by the drainage, it has been brought before the Council by various people in the area which have been flooded by water. The City has taken the position, through the Manager's office that we have not diverted the water on the Granger Jr. High School site; the School Board has taken the position through their Architect, Mr. Foster, that as the City granted a building permit for the Junior High School therefore there was the implied permission. to attempted to have the High School District install the sidewalk and curb, know- ing full well if they made an application to so do, it would then become mandatory upon our Engineering Department to establish grades on the street. Now they come to us with the statement, when we im- prove the street then they will put in the sidewalk and curb. We have discussed this matter in the Council in relation to the com- plaint of Mr. Rotan and a number of others on Lanoitan Avenue. We had an engineering estimate to control the drainage which rimed from $12,000.00 on a temporary basis to as high as $28,000.00 an the over-all district. To justify the City's action, we wanted the School Board first to make an application for their sidewalk and curbs, further to justify the control of the drainage in connection with streets, we asked of the people in the area to circulate an improvement district petition for paving of Lanoitan Avenue, Valle Vista, and portions of 20th Street, because approximately sixty percent of this drainage condition would be alleviated by the im- provement of the street. So far we have been successful on Valle Vista, and it is Mr. Bird's information that Lanoitan Avenue is about firm as far as necessary percentage is concerned. As far as Granger Avenue is concerned, the City does not have, as of the present, nur within the foreseeable future, money to regrade and re- pave Granger Avenue. We do, however, have a temporary expedient 5/6/58 326 which could be set up in the next fiscal budget, and that is to take the water on Granger Avenue and throw it north from 20th Street to 18th Street. CITY MANAGER BIRD stated in the matter of drainage relative to ac- quisitions, he would like to have the City Attorney authorized to prepare a resolution purchasing that portion of property from the San Miguel School which is necessary for the major completion of the lower end of the drainage project. This is a purchase of 9.38 acres at $3,000.00 per acre; a flowage easement over the remaining ball field for 3.94 acres; the athletic field revision and the regrading of the road; total price to the City is $36,395.00. We have been negotiating with the Directors and the Bishop of the School for quite some time, and we have approached it on an equitable basis. It is necessary we go through there, and necessary that we acquire the property. It is recommended the property be purchased at the figure stated. Moved by Hollingsworth, seconded by Hart, the City Manager be given authorization to purchase the property, and a res- olution be prepared. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. CITY MANAGER BIRD presented a deed from Robert R. and Margaret Bell to the City, which is another acquisition for drainage, and a reso- lution of acceptance is necessary. Moved by Allen, seconded by Hart, the City Attorney be authorized to prepare a resolution accepting same. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he received a notice from the League of California Cities relative to the conference on Urban renewal and redevelopment to be held in San Francisoo,May 22, 1958, and if any Council member is interested, he has the notices in his office. REPORT FROM THE PLANNING COMMISSION was read relative to the appli- cation for zone change signed by Morris Slayen for property located at 10 Highland Avenue. Petitioner is requesting a zone change from an R-4, Multiple Residence District, to a C-3-B, General Business District with a five foot setback from Highland Avenue. First pub- lic hearing was held March 10, 1958 and the second hearing April 14, 1958. In view of the protest presented by a property owner within 300 feet of the property in question, that the proposed zon- ing would permit the establishment of several rather obnoxious bus- inesses in an established residential area, it was the opinion of the Commission that the spot zoning should not be permitted. The Commission recommended the petitioner be allowed a zone variance to conduct an upholstery, drapery shop or new furniture sales at this location with the restriction of signs to 50 square feet of sign area. Loved by Hollingsworth, seconded by Hart, the Planning Commission's recommendation be sustained, and a resolution prepared. Carried, all the Council present voting aye. REPORT FROM THE PLANA:ING COMMISSION was read in regard to off street parking requirement on property located at the southeast corner of 8th Street and Harbison Avenue. On December 7, 1955, an agreement was signed by L. Wendell Hesseltine and Lillian Hesseltine as to declaration of restrictions on the property located at the south- 5/6/58 327 east corner of 8th Street and Harbison Avenue. Said agreement was approved by the Council on December 20, 1955. Cne of the restrict- ions was that for each square foot of building area constructed on said real property, there shall be a ratio of five square feet off street parking provided. At the present time, the Safeway btores, Inc. is purchasing the southern portion of this property, taking into consideration the above restrictions, however, with the devel- opment of the drainage channel across the most southerly portion. it will reduce the off street parking area below the five to one ratio. This matter was discussed at the regular meeting of the Planning Commission on April 14, 1958 in conjunction with Applicat- ion for Conditional Exception No. 609, at which time it was recom- mended the City Council enter into an agreement with the property owner to relieve him of the five to one parking raio if the City takes part of the parking area for the drainage channel. APPLICAT- ION FOR CONDITIONAL EXCEPTION NO. 609 signed by the Safeway Stores, Inc., as purchasers, and L. Wendell Hesseltine as owner, was pre- sented, relative to the property located at the east side of Harb- ison Avenue between loth and llth Streets. Petitioners are request- ing permission to use the southerly 80 feet of the described prop- erty for off street parking in conjunction with the proposed super- market, said property is presently located in an R-1-A Zone. Also variance in square footage of signs to install appropriate ident- ification signs to identify said supermarket. Petitioner requests the variance be granted for a period of six months for commencement of construction rather than the usual 90 days inasmuch as prepar- ation of plans and specifications will take a considerable period of time. The Commission recommended the variance be granted allow- ing parking area in an R-1-A Zone, variance of signs, and commence- ment of construction be for a period of six munths. COUNCILwOIviAN HOLLINGSw ORTH stated that under Ordinance No. 750, a zone variance can be granted for 90 days and then extend it 90 days, if the pet- itioner so requests, and wondered if the request for six months would not be contrary to our ordinance. CITY PLANNER STOCKMAN stated the Ordinance states it is for 90 days. Moved by Hollings- worth, seconded by Hart, the application for conditional exception be held over until we have a ruling from the City Attorney on the granting of the time. Carried, all the Council present voting aye. CITY PLANNER STOCKMAN stated she has a grant deed from property owners concerned relative to the extension of Plaza Blvd. from caL F Avenue to Palm Avenue. Mrs. Stockman said she did not have it pre- pared for this meeting, but Mr. Bird would like to have it present- ed to the Council at this time. The Planning Commission, in the past, has recommended that Plaza Blvd. be opened from 4144 to Palm Avenue. MAYOR HODGE stated we are honored to have Clinton Matthews, former Mayor of National City, with us today and asked if he wished to bring anything before the Council. MR. MATTHI S stated he was pres- ent in regard to the article which appeared in the paper relative to the sale of City propert;. MAl R HODGE stated it will be presented at 3:30 this afternoon. 5/6/58 328 CITY PLANNER STOCKMAN presented the grant deeds signed by a number of property owners relative to the extension of Plaza Blvd, from 4Ld Avenue to Palm Avenue except for a parcel at Palm Avenue. A report from Mr. Lill recommended the deeds be accepted; and it was previously recommended by the Planning Commission any dedication of Plaza Blvd. be accepted. Moved by Fessman, seconded by Hart, the recommendation of the Planning Commission be approved and a resolut- ion prepared to accept the deeds. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. COUNCILv OMAN HOT,LINGS1NORTH, Chairman of the r?inance Committee, re- quested the Committee meet before 3:30 for a short meeting, and all members of the Council stay, not just the three members of the Fin- ance Committee. MAYOR HODGE declared a recess until 3:30 P.M. MAYOR HODGE called the meeting to order. Council members present: Allen, Fessman, Hart, Hollingsworth, Hodge. Council member absent: None. CITY MANAGER BIRD stated at the request of the Council, he arranged a meeting with Mr. Hendry of the Union Title Insurance & Trust Comp- any, who represents a group of clients interested in the possible purchase of the 65 acres of City property. Mr. Bird introduced Mr. Henry at this time. MR. HENDRY stated their clients gave him a letter of instructions authorizing him to appear before the Council concerning the acquisition of certain property in National City, MAYOR HODGE asked Mr. Hendry if there were any questions he wished to ask in regard to this particular piece of property. MR, HENDRY said their clients are familiar with it, COUNCILMAN ALLEN asked if the gentleman's bid is on the basis of the previous advertising the City put out as to the value of the property at that time, and what the minimum bid was at that time. MAYOR HODGE said it was the min- imum bid. CUUNCILu'jOMAN HOLLINGSwORTH asked Mr. Hendry if his client wish to conform with the zoning of the area which was in the adver- tising brochure, M2. HENDRY said in his discussions with the prin- cipals the question came up as to the possible use of the property and they told him the Council had previously stated they wished this to be residential, and they were willing to go along on that basis. MAYOR HODGE asked if there would be any difference in the price of- fered for the property if the zoning was different. MR. HENDRY stated it was not discussed. MAYOR HODGE asked the City Manager what the procedure would be for disposing of this piece of property, considering the action that had been taken thus far. CITY MANAGER BIRD stated we advertised the sale of this property quite extensive- ly; we set up a brochure showing the location and topographical map and a certification of title by Union Title Company. Further, we set forth the minimum restrictions of a single R-1 residential area with a 60 foot frontage of lot and a minimum of 6,500 square feet per lot. In the brochure we stated also terms would be available, however, there was basically a maximum three year trust, and there was also a minimum of $200,000.00 for the property, also a minimum 5/6/58 329 of one-third down. Vie received one bid for 4200,500.00, and the bid had a request accompanying the offer of a change of zone at Euclid and Division to a business zone and also a buffer zone of apartments around it, and on that basis was publically withdrawn by the parties making the offer; and because of the fact there was mly one bid received, the City Council refused the bid; that is the act- ion which was taken at that time. The question is, the position of the property at the present time. This property was made fluid to be sold by adequate publication and resolution, and it is the Man- ager's opinion it is still in the same status. Vhether or not the Attorney would rule we must go to bid again, or whether, because of the fact we went to bid mos,and all bids received were refused as legally set forth in the notice to call of bid, whether we could negotiate for the sale of the property, Mr. Bird said he is at a loss to give an answer because it is a very technical point; the Attorney might rule that it must be rebid, or he might rule that under the rule of law as now exists on other contracts where we ad- vertise for an improvement and the contract is bid for the City, and we the City refuse the bids, reject them, and can prove we can do that particular piece of work for five percent less ourselves, then we have a right to go to the open market and so do it by force account; that rule of law might apply reversely in the case which we have here, which is we have gone to bid once, refused the bids, we could be in a position to negotiate a sale providing there was a valid offer of ten percent more than what we had received in the first instance. Mr. Bird said it is a very technical point, and he is just explaining his thinking on it. CUUNCILuutMAN HOLLINGS_ iORTH asked Mr. Hendry if his clients would be thinking to improve right away. MR. HENDRY said he is merely making a guess, but it would be his impression they would begin development on a portion of the property within several months; in other words he does not believe they would be buying it to hold for speculation, however, this is merely his opinion, and he did not discuss it with his clients. MAYOR HODGE asked if they w ould be willing to build with architectural control. MR. HENDRY stated he did not discuss it, the point they were trying to ascertain is, if the City was open to negotiation and if it is, they will immediately send their attorney or some representative who will begin negotiations with the Council, or such committee as they set up. MAYOR HODGE said he would like to ask the Council if they would give him permission to appoint a citizens committee to look into the possibility of getting Cal - Western University on this particular piece of property. COUNCIL- Ju011riAN HOLLIdGSORTH stated she would be violently opposed to it. COUNCILMAN FESSMAN said he would like to have a citizens committee look into this very thoroughly, investigate all the pros and cons and all the possibilities because he thinks the establishment of a branch of Cal -Western University on the property would enhance the City considerably and would be worth the effort of the committee to come up with an answer to question whether or not they thought this should be done. COUNCILMAN ALLEN said he was in accord with Mrs. Hollingsworth, also Councilman Hart. MAYOR HODGE said he would like to sell the .property and sell it under the same formula in which the County sells their property, which would be on a bid 5/6/58 330 basis and would allow commission to brokers. Mayor Hodge asked Mr. Allen if he knew how it operates. COUNCILMAN ALLEN said he did not know exactly how the County operates, but he does know how Chula Vista operates; they send a letter to every realtor that the property is for sale, give them the minimum bid and then each real - tor can bring in to his client a bid. COUNGILYNOMAN HOLLINGSruORTH stated the Council discussed this over a year and a half ago and de- cided in this particular case we would not go to a realtor because we have already spent the money that ordinarily would go to a real - tor as commission, when we advertised. We had an advertising ag- ency and a brochure printed, etc. Mr. Hendry is here representing his client, and if the attorney rules the property is in a fluid state, and that we may enter into a negotiated bid, we should do so without going through a realtor. COUNCILMAN FESSNiAN said he agreed with Mrs. Hollingsworth in that respect, and he believes it is pos- sible for anyone to come in with a bid, probably it would have to be ten percent higher than this bid, but he would like to have At- torney Curran make a report on how it could be handled. It should be possible for these people to start the deal and come in with their offer, and anyone else interested, through a broker or other- wise, and want to pay the broker's commission for handling it for them, that is their business. CUUNCILN AN HOLLINGSu002TH stated she thought the finance Committee should meet with their represent- ative because if they are going to negotiate, and it should be over a period of time, there are many important points of interest to be worked out. This is one piece of property that cannot be sold off in small portions, it has to be done by one developer on account of the grading and conditions, If we do have a meeting with these clients, and they do negotiate a bid, and there is someone else who wants to offer a bid, it is obligatory to any member of this Council to keep silent any offer these people may make. COUNCILMAN ALLEN stated he thought that Mrs. Hollingsworth and Mr. Fessman are some- what confused in regard to the recommendations of the realtors. If the City decides to sell the property, he does not beliege the Council should set a figure, nor give it to any realtor to sell with a commission, but it should be sent to the Realty Board, this one and San Diego's with the Council's figure on it, what you want net, then it is up to the realtors to sell the property. Mr. Allen stated he knows the Council would have had three more bids they did not get because there are a lot of people who will not buy property from anyone except to go through a person who is qualified in the business, which is a realtor, COUNCILvvOIVIAN HOLLINGSI 0RTH stated she is interested in selling the property and interested in getting it improved as rapidly as possible, but not interested in selling it to anyone to hold it to speculate in the future, Moved by Hol- lingsworth, seconded by Hart, the City Manager ascertain from the City Attorney the status of this property, whether it is fluid so we may negotiate a bid or whether it is not; if he finds that it is in a fluid condition that he be authorized to set up a meeting with the Finance Committee and their agent, and they will report to the City Council and give a recommendation. MAYOR HODGE said he would like to have a policy from each member, what they have in mind for that pro_erty, whether R-1, R-2, R-4; we must keep in mind that 5/6/59 331 the Hospital is building a new hospital, they are going to have an increased number of nurses, and the Council turned down a nurses' university as Cal4yestern was considering engineering and nursing. Mr. Hodge said it is his personal opinion if the University would not go there, he would like to have an R-4 zone with architectural control by the City. COUNCILMAN HART said he would go along with the idea of R-4 zoning with architectural control. COtfl CILiCLAN HOLLINGSocRTH stated she would not approve of anything but R-1 zon- ing as the people in the area do not want R-4 zoning. COUNCILMAN ALLEN said he would stay with R-1 zoning with the possibility,as of •ordinance, with the approval of the people within the 300 foot area of plans of some person who wanted to go into apartments of a nature that would be approved by them, he would not go into either an R-2 or R-4 zone and leave it up strictly to the buyers to build whatever they want. COUNCILMAN FESSIIIAN said that unless the people in the area desire anything other than R-1, he would be opposed to it, the people should make the decision. Carried, all the Council present voting aye. COUNCILMAN ALLEN said he would like to get an opinion of the thinking of the Council in regard to the sale of this property, if it is sold, and asked if it is not better, if you have something to sell, and you put a price on it, to have 300 people trying to sell it for you than it is for the five Council members to debate whether this is that, etc., and let each one bring in the best offer he can get. Mr. Allen said his thought in selling real estate, it should be left up to real estate people. COUi1CILIuiAN FESSMkN said Mr. Allen is forgetting he is talking about public owned property, and it comes all the way down from the United States Government, State Government and Municipal Governments, and that type of property should be sold by public bid through either an auction sale or sealed bids, and the real estate proposition does not enter into it at all. COUNCILMAN ALL1N stated the housing units on Market Street were just sold for the Federal Government by Percy Goodwin. RESOLUTION NO. 7219 was read, approving and authorizing the purchase of an interest in certain real property from San Miguel School for the sum of $36,395.00, and the drawing and issuing of a warrant for said purpose is hereby directed. Moved by Hart, seconded by Fess- man, the Resolution be adopted. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he would like to have the Council consider authorizing the City Attorney to prepare a resolution authorizing the City Clerk to advertise to sell, at auction, the City property located at 16th and Hoover Avenue, said auction to be held by the City Council in the City Hall at a specified date, with the minimum price to be established at $20,000.00 on the half block. Moved by Hart, seconded by Fessman, the authorization be given. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hol- lingsworth, Hodge. Nays: None. Moved by Hollingsworth, seconded by Hart, the City Manager be auth- orized to negotiate with the Division of Highways for the improve- 5/6/58 332 ment of 8th Street from Sanitarium Avenue to the east City limits, and if it does not prove acceptable to the Division of Highways, ascertain if they will approve the improvement of National Avenue from 16th Street south. Carried, by the following vote to -wit: Ayes: Allen, .?essman, Hart, Hollingsworth, Hodge. Nays: None. Moved by Hart, seconded by Allen, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 4:10 P.M, ATTEST: MAYOR, CITY OF NATIONAL CITY', CALIFORNIA CITY CLERK 1