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HomeMy WebLinkAbout1963 04-23 CC MIN379 National City, California, April 23, 1963 The regular meeting of the City Council was called to order at 7:35 p.m. by Mayor Gautereaux. Council members present: Allen, Colburn, Hart, Morgan, Gautereaux. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Carstens, Foster, B. J. Gautereaux, Hess, Osburn, Stockman, Stratton. The meeting was opened with pledge of allegiance to the Flag by City Manager Hess, followed with invocation by the Rev. Dan Newburn, First Methodist Church. Moved by Colburn, seconded by Allen, the minutes of the regular meeting of April 16, 1963, be approved. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Morgan, Gautereaux. Nays: None. Abstaining: Hart. RESOLUTION NO. 8353, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY" (easements from Teyssier, Atomic Investments and Supply Enterprises) was read. Moved by Alien, seconded by Morgan, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux, Nays: None. RESOLUTION NO. 8354, "RESOLUTION AUTHORIZING EXECUTION OF SATISFACTION OF JUDGMENT AND REQUEST FOR DISMISSAL" (California Water and Telephone Company) was read. Moved by Alien, seconded by Hart, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8355, "RESOLUTION URGING LOCATION OF FEDERAL FIELD LABORA- TORY AND RESEARCH FACILITY IN THE SAN DIEGO AREA" was read. Moved by Colburn, seconded by Hart, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8356, "RESOLUTION OPPOSING SENATE BILL 845", (Sunday Selling) was read. Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart. Nays: Gautereaux. Abstaining: Morgan. RESOLUTION NO. 8357, "RESOLUTION OF INTENTION TO CALL A SPECIAL ELECTION AND TO SUBMIT TO VOTERS QUESTION OF ANNEXATION OF LOWER SWEETWATER LOCAL FIRE DISTRICT #1", was read. Moved by Hart, seconded by Morgan, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8358, "RESOLUTION DETERMINING THAT PROJECT SHOULD PROCEED (F Avenue from Sixteenth Street to Seventeenth Street)", was read. Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried, by 4-23-63 380 the following vote to -wit: Ayes: Alien, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8359, "RESOLUTION ADOPTING WAGE SCALE (F Avenue from Sixteenth Street to Seventeenth Street)", was read, Moved by Morgan, seconded by Colburn, the Resolution be adopted. Carried, by the follow- ing vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. __i_,, a resolution ordering work (F Avenue from Six- teenth to Seventeenth Street) was read. CITY ATTORNEY CARSTENS stated the time for the opening of sealed bids had not been fixed and recomw mended the resolution be tabled until later in the meeting after he had arranged a suitable time with the City Clerk. Moved by Allen, seconded by Colburn, the City Attorneys recommendation be approved. Carried by unanimous vote. RESOLUTION NO. 8360, "RESOLUTION AUTHORIZING MAYOR TO EXECUTE ASSIGNMENT OF AGREEMENT" (California Water and Telephone Company covering instal- lation of certain water mains, Tidelands Avenue and 24th Street), was read. Moved by Alien, seconded by Colburn, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8361, "RESOLUTION AUTHORIZING ESTABLISHMENT OF BANK ACCOUNT FOR PUBLIC WORKS PROJECT APW-CALIF-60G", was read. Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8362, "RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CALIFORNIA WATER AND TELEPHONE COMPANY FOR SEWER SERVICE CHARGE BILLING AND Cnt,rPCTION", was read. Moved by Alien, seconded by Colburn, the Resolution be adopted. COUNCILMAN MORGAN stated the City should set this up in taxes instead of billing through the Water Company. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Gautereaux. Nays: Hart, Morgan. CITY ATTORNEY CARSTENS stated in regard to the proposed amendments to Section 51, revenue bond issue by the Unified Port District, he has been in communication with Assemblyman Richard J. Donovan and State Senator Jack Schrade who have sent him a copy of AB 2193, which incor- porates all of the changes. The City Attorney reported he has requested additional copies of the bill and will distribute them to the Council when received. COUNCILMAN MORGAN stated AB 2193 passed the lower house today and is expected to pass the Senate tomorrow. MAYOR GAUTEREAUX stated he believed the amendments have covered the points of objections. 4-23-63 381 CITY ATTORNEY CARSTENS reported a memo to set a pre-trial date in regard to the police back pay has been filed and the date set for May 23, 1963. CITY ATTORNEY CARSTENS reported the correction to the endorsement to the City's fire insurance policy AW 3464 appears to be in order and recommended it be filed. Ordered filed by unanimous vote. CITY ATTORNEY CARSTENS stated a certificate of insurance received for Teyssier and Teyssier, Inc., covering workmen's compensation appears to be in proper order and recommended it be filed. Ordered filed by unanimous vote. CITY ATTORNEY CARSTENS reported the National City Chamber of Commerce has met with local businessmen in regard to the Public Utilities Commis- sion hearings on the proposed increase in trucking rates. To date they have not been able to find anyone who will attend the hearings in San Francisco, but have prepared charts and graphs which will demonstrate the effect of the proposed increase. K. D. Frye, Southern Pacific Rail- way, was present and stated although he and his business will not suffer from such an increase, the San Diego area will be hurt and recommended Gill possible information be presented at the San Francisco hearings. Clint Matthews, Lynwood Hills area of San Diego County, was present and stated his opposition to the policy which the Council adopted last week of extending 30th Street through to Wilson Avenue. EARL SEVERIN, La Mesa, of the Bahia Vista Development Corporation, was present and stated he could not see the need for Wilson Avenue to be developed paralleling the railroad and there is not any need for 80 foot wide roads in the area. He stated some of their most valuable land is along the railroad and they don't want to have railroad spurs crossing Wilson Avenue into industries which will locate in the area in the future. John Hancock, Chula Vista, of the Bahia Vista Development Corporation, was present and stated what is best is what serves National City the most and that is to get industrial groups in here to pay the taxes. He stated the proposed development of streets in the area would be detri- mental to bringing in large industries and would make the land suitable for use by small businesses only. He further stated the value of the land owned by National City and Bahia Vista would be better served by having industry instead of a network of roads. MAYOR GAUTEREAUX inquired if it were not a small business contemplating the purchase of land in question. COUNCILMAN MORGAN inquired if Bahia Vista were willing to dedicate land for half the streets which they had indicated on the map were better buited to their purpose. Mr. Hancock stated they would. 4-23-63 382 Henry Algert, Chula Vista, shareholder in Bahia Vista, was present and stated in his opinion Coolidge Avenue was the best suited for through traffic in the area. He said the City's principal interest is preserv- ing access to their own property. George Wright, Wright Packing Company, shareholder in Bahia Vista, was present and stated he was very much interested in business coming to National City; if we are to attract any business here we will need suf- ficient acreage for big business as well as little business. The policy of the Council will deprive a lot of people best use of the land as business has to be on the railroad. Kenneth Frye, San Diego Eastern Railroad, was present and stated the only industrial land in the County on rail, except for El Cajon, is in this area; by developing the parallel road to the railroad tracks, it would require six months of more for businesses to obtain permission from the Public utilities Commission to run spurs across the road. COUNCILMAN MORGAN inquired if spurs from the railroad to city owned land could be obtained as needed. DIRECTOR OF PLANNING STOCKMAN stated she would like Mr. Matthews to answer the question. Mr. Matthews said they have always told the Railroad and the City we would all work together and we have. He stated what they are trying to do is preserve a four acre piece of prime property. MAYOR GAUTEREAUX stated the question is was the railroad removed from the map as per the request of Bahia Vista. COUNCILMAN COLBURN said he understood Bahia Vista had a prospect for the property in question and time was involved, and asked if Bahia Vista Development corporation would consider trading property for property to permit the development of better laid out roads and then re -plan the railroad spurs. Mr. Matthews said the prospect seems ready to go now and he would hate to lose him, it is a cash deal and would help defray the cost of development of the property, MAYOR GAUTEREAUX pointed out the Councils action to develop 30th Street and Wilson Avenue had been taken on the recommendation of the Planning Commission and the City Engineer and represent the best interests of the people of the City. Mr. Matthews said such action would cost Bahia Vista the use of three acres of land. COUNCILMAN HART stated if the street does parallel the railroad and interferes with industry coming into the City he was not in favor of it. COUNCILMAN MORGAN stated with the ramp to the freeway it would create one of the biggest hazards ever seen in this City. VICE MAYOR ALLEN stated the recommendations of the City Engineer and Planning Commission were reached after months of study and work and should be accepted by the Council; that a poorly planned road had been 4-23-63 383 created in the area on the request of the Bahia Vista Development Cor- poration at the time when they told the Council a large brewery would locate there and need access. Mr. Severin said at that time the brew- ery planned to take 4t acres. Mr. Severin stated if Wilson Avenue were being developed because of the valuable land to the south which is now the airport, it would be ten to fifteen years before it could be devel- oped and the road is not now needed. MAYOR GAUTEREAUX displayed a map showing the three proposed routes for Highway 241 which are to be worked out jointly with Chula Vista and the Unified Port District. He stated the policy of the Council would be influenced by the final decision on the route Highway 241 will follow through National City. COUNCILMAN COLBURN stated a meeting is sched- uled for May 8th with State Highway Engineer Dekema and the Unified Port District. Councilman Colburn said he could not see the true advan- tage of developing Wilson Avenue paralleling the railroad tracks and he is for swapping some property; possibly they could use another portion of their property now with the knowledge they could swap for another piece later. Moved by Morgan, seconded by Colburn, to accept the deeds as shown on the map prepared by Bahia Vista and have them prepare a map showing how National City can get railroad spurs into their property. Mr. Matthews said the possibility of the Flood Control Channel in the Sweetwater Valley might delay the determination of the route of Highway 280 and the highway might not be located there as a result. Director of Plan- ning Stockman said Highway 280 will come through the area and National City does not have and needs a good truck route to the east. Council- man Morgan stated a truck route requires extra heavy surface and would be very expensive. Councilman Hart stated if we develop the street, we will have a nice street and no industry. MAYOR GAUTEREAUX stated as Councilman Morgan's brother has an interest in Bahia Vista Development Corporation it appeared to be a conflict of interest and he questioned the legality of the motion and submitted it to the City Attorney for an opinion. COUNCILMAN MORGAN stated he had heard there would be an issue made of this and he had consulted an attorney; the attorney has assured him it was proper for him to make such a motion and he was willing to take it to the Grand Jury. CITY ATTORNEY CARSTENS stated in a case of conflict of interest, ordinarily the person involved has an actual per- sonal interest in the matter; if Councilman Morgan did not personally have an interest, the motion was proper. Councilman Morgan stated he has no interest in Bahia Vista whatever, the matter does not involve his brother alone, but a corporation. CITY MANAGER HESS said he was not interested in policy but wished to direct a question to Mr. Matthews: 4-23-63 384 on the last map displayed by Mr, Matthews a cul de sac is shown, and wouldn't this entire cul de sac, taking up about one acre, be on City - owned property. Mr. Matthews stated this could be made revocable as in a prior agreement. Mr. Severin stated the map under discussion was the map on the basis of which they bought the property. VICE MAYOR ALLEN stated this was true but they were the ones who hadcome in and requested the Council to make the change. Vice Mayor Allen asked if it were not true the business which they proposed selling the prime piece of land to is a warehouse which will hire twelve men. Mr. Severin said it is a beginning,. VICE MAYOR ALLEN said the meeting on May 8th is what he is primarily interested in and is what could cause him to change his mind. COUNCILMAN COLBURN said he could see good points on both sides and would prefer not to make a decision until after the May 8th meeting. Mr. Severin said it would be agreeable to his group to wait until that time. Councilman Morgan and his second, Councilman Colburn, withdrew their motion. Moved by Morgan, seconded by Colburn, the matter be laid over until after the May 8th meeting. Carried by unanimous vote. Edith Sherman, Manager of the National City Chamber of Commerce, was present and stated the Board of Directors went on record opposing ena« bling legislation for a transit district this session. Mrs.Sherman stated the resolution adopted by the Chamber was similar to the one adopted by the Chula Vista Chamber of Commerce. Moved by Allen, sec- onded by Morgan, a resolution be prepared similar to the Chamber of Com- merce resolution, substituting language appropriate to the Council, for forwarding to our legislators. Carried by unanimous vote. VICE MAYOR ALLEN reported there will be a resolution from the Rivers and Harbor Committee in regard to the South Bay entrance to the Bay and the Bay itself being put under the Engineer of the Port Authority and forwarded to the parent organization. Moved by Allen, seconded by Colburn, when the resolution is received by City Manager Hess, a reso- lution be prepared by the Attorney to be forwarded along with the packet to Chairman Milton Milkes. Carried by unanimous vote. COUNCILMAN MORGAN stated he was informed the Traffic Safety Committee has recommended placing a crosswalk at 8th Street and "Rn Avenue, but it has not been done. City Manager Hess stated a communication has been sent to the Public Works Department in this regard. COUNCILMAN MORGAN stated the Council had voted to close "J" Avenue from 80 to 60 feet at the time when Mr. Caster applied for his building per- mit. Councilman Morgan said he had been in favor of closing 1.Y” Avenue because three high rise apartment buildings were to be built and now he understands Mr. Caster is planning to build twenty-four duplexes. City Manager Hess explained Mr. Caster had not been able to secure financing 4-23-63 385 for the larger units and had changed his plans. Moved by Morgan, the - City Manager be authorized to bring in a report. Motion died for lack of a second. RESOLUTION NO. 8363, "RESOLUTION ORDERING WORK (F Avenue from Sixteenth to Seventeenth Street) which had been read earlier in the meeting was presented for action, time for opening of the bids established as 3:00 p.m., May 20, 1963, in the City Clerk's Office. Moved by Alien, seconded by Colburn, the Resolution be adopted. Carried, by the follow- ing vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. DIRECTOR OF PLANNING STOCKMAN inquired what course she is to follow with regard to Mr. Caster's present plans for duplexes. The existing plans were drawn with "J" Avenue partially closed and if she approves them and the Council does not permit the partial closing of "J", there will be buildings on the property line. Moved by Gautereaux, seconded by Allen, the matter of closing "J" Avenue, because the Resolution was contingent on the permit for improvement, be tabled until such time as Mr. Caster presents his alterations before the Council. Carried by unanimous vote. CITY MANAGER HESS reported three pumps have been working to drain the water from the canyon in Las Palmas Park and the water level has been reduced by about two feet. He stated it is possible the future devel- opment of this land as a golf course may require a pond in the area. CITY MANAGER HESS reported in regard to the trees on "D" Avenue, damage was caused to sidewalks and curbing, and the work will proceed, with new trees being planted at the appropriate time. A communication from Port of San Diego regarding the number of copies of minutes needed was presented. Moved by Allen, seconded by Colburn, one copy only of the minutes be sent to the City Manager and kept on file for all to see. Carried by unanimous vote. CITY MANAGER HESS reported Public Works Director Biggs has continued to keep in contact with Assemblyman Donovan in regard to AB 1364. To date no definite action has been taken. CITY MANAGER HESS reported he has communicated with the State Personnel Board relative to amending Civil Service Ord. No. 712 and its amendments and City Manager Ord. No. 885 and its amendments and a meeting has been scheduled for June 5, 1963. He also stated the cost of re -writing these ordinances will be a maximum of $600., not the $200. or $300. anticipated last week. However, there is $800. remaining from the amount budgeted for the Wage and Classification Survey which could be used to defray the cost. City Manager Hess recommended the State Personnel Board be 4-23-63 386 allowed to amend the ordinances.. Moved by Allen, seconded by Colburn, the recommendation of the City Manager be approved. Carried by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: Morgan. Moved by Allen, seconded by Colburn, the City Clerk be directed to furnish ord. No. 712 and its amendments and Ord. No. 885 and its amendments to each of the Councilmen, Department Heads and State Person- nel Board. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Gautereaux. Nays: Hart, Morgan. CITY MANAGER HESS recommended a step increase in salary for Bill Gaston, approved by the City Engineer, be granted. Moved by Allen, seconded by Colburn, the City Manager's recommendation be approved. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: Morgan. CITY MANAGER HESS recommended a step increase in salary for Charlene Bogue, approved by the Director of Planning, be granted, Moved by Alien, seconded by Colburn, the City Manager's recommendation be approved. Carried, by the following vote to -wit: Ayes: Allen, Colburnt Hart, Gautereaux. Nays: Morgan. CITY MANAGER HESS recommended retroactive step increases for the follow- ing six employees: Alma Hathaway, Felix Guidry, Michael Mendez, Helen Zachau, Myrtle Wirth, and Leslie Harmon, who should have received them as of April 1, 1963, be approved. Moved by Alien, seconded by Colburn, the City Manager's recommendation be approved. Carried, by the follow- ing vote to -wit: Ayes: Alien, Colburn, Hart, Gautereaux. Nays: Morgan. CITY MANAGER HESS announced the National Little League will open their season at 1:00 p.m. Saturday, April 27th, in Las Palmas Park and invited members of the Council and Administrative Officials to attend. Vice Mayor Allen stated he would be on the Bay cruise with the employees. CITY MANAGER HESS read a communication from the office of Governor Brown acknowledging receipt of the Resolution in support of SB 344. Ordered filed by unanimous vote. CITY MANAGER HESS read a request from National City Jr. High School for use of the Memorial Bowl in Kimball Park for an assembly program on June 4, 1963, from 8:30 to 11:30 a.m. and recommended it be approved on a no fee basis. Moved by Allen, seconded by Morgan, the City Manager's request be approved. Carried by unanimous vote. CITY MANAGER HESS read a request from the First Christian Spiritualist Church for parking in front of the church and for diagonal parking, to be in affect only during church activities, The Director of Planning has recommended if the parking zone is to locate in the front yard set back it be approved. The street is not wide enough to include diagonal 4-23-63 387 parking, and xecemaended it be denied. The City Manager concured with the recommendation. Moved by Allen, seconded by Morgan, the Director of Planning's recommendation be approved. Carried by unanimous vote. CITY MANAGER HESS read a communication from the San Diego Board of Supervisors in regard to AB 96, AB 1795 and AB 2059, which would increase the compensation for attaches of the municipal courts. City Manager Hess stated this would mean the State would dictate the compen- sation which the County would pay. Moved by Allen, seconded by Colburn, the Council go on record as opposing these bills. Carried by the fol- lowing vote to -wit: Ayes: Allen, Colburn, Hart, Morgan. Nays: Gautereaux. CITY CLERK STRATTON presented a claim for personal injuries made by Mrs. Delia C. Giacalone for injuries allegedly suffered on February 2, 1963, at the intersection of 16th Street and National Avenue. CITY ATTORNEY CARSTENS stated he had reviewed the claim and would recommend the Council disapprove the claim and the City Clerk be instructed to forward this information to the attorneys listed in the claim. Moved by Morgan, seconded by Allen, the City Attorney's recommendation be approved. Carried by unanimous vote. CITY CLERK STRATTON presented the Treasurers Report for the period ending March 31, 1963. Ordered filed by unanimous vote. CITY CLERK STRATTON read a communication from State Senator Randolph Collier acknowledging receipt of the Resolution in support of SB 344. ordered filed by unanimous vote. A COMMUNICATION FROM ASSEMBLYMAN DONOVAN in regard to Resolution 8348 was read by City Clerk Stratton and ordered filed by unanimous vote. CITY ENGINEER FOSTER reported the contract for 1911 Act Improvement of Plaza Boulevard has been signed and the Hazard Contracting Company will start work next Monday. MAYOR GAUTEREAUX stated the Chamber of Commerce's Transportation Com- mittee with Council approval will be appointed an Advisory Committee to the Council when the names are made available. COUNCILMAN COLBURN requested the Mayor to convey his best wishes to the Little League at the opening game on Saturday. Chester Lemon, 730 Ramona, Spring Valley, and Lee Moore, 784 Ash Street, San Diego, applicants for taxi permit, were present. City Attorney Carstens stated his certificate of insurance required a few minor changes which could be worked out with the insurance company. Moved by Colburn, seconded by Morgan, the certificate be approved with changes and the taxi permit be issued. Carried by unanimous vote. 4-23-63 388 Moved by Morgan, seconded by Hart, the meeting be closed. Carried by unanimous vote, The meeting closed at 10:31 p.m. ATTEST: CITY CLERK CI Y OF%' TIO AL CITYLIFORNIA 4-23-63 389 Written notice has been served more than three hours prior to the Special Meeting held at 4:00 p.m. o'clock, April 26, 1963. IRENE A. TRATTON, CITY CLERK We the duly elected and qualified Councilmen of the City of National City, California, do hereby consent to the holding of a Special Council Meeting on April 26, 1963, at the hour of 4:00 p.m. o'clock, in the Library Conference Room, National City, Calif- ornia, for the purpose of: Considering closing of portion of J Avenue between lath and 20th Street. Dated this 25th day of April, 1963. MAYOR COU OILMAN COUNCILM_K) :_r,OM uti,,v,, AN C OILMAN