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1963 05-14 CC MIN
406 National City, California, May 14, 1963 Regular meeting of the City Council was called to order at 1:30 p.m. by Mayor Gautereaux. Council members present: Alien, Colburn, Morgan, Gautereaux, Council members absent: Hart. ADMINISTRATIVE OFFICIALS present: Carstens, Foster, Hess, Osburn, Stockman, Stratton. The meeting was opened with salute to the Flag by City Manager Hess, followed with invocation by Mayor Gautereaux. COUNCILMAN HART entered the Chambers. Moved by Colburn, seconded by Alien, the minutes of the regular meeting of May 7, 1963, be approved. COUNCILMAN MOkGAN stated the minutes mentioned $5,000 brokerage fees for the sale of property at 4th and Palm which should have been $4,000. The motion was withdrawn. Moved by Allen, seconded by Colburn, the minutes be approved as corrected. Carried by unanimous vote. RESOLUTION NO, 8380, "RESOLUTION OF AWARD OF CONTRACT" (Southwest Storm Drain APW-CALIF-59G) to L, D. 3utterfield, Inc., was read. Moved by Morgan, seconded by Alien, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8381, "RESOLUTION APPi OVIi G CONTRkACT (Southwest Storm Drain-APW-CALIF-59G)" was read. Moved by Morgan, seconded by Hart, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION MO. 8382, "RESOLUTION Ei;PEDITING CONVEYANCE OF PROPERTY TO THE SAN DIEGO UNIIFIED PORT DISTRICT", was read. Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried, by the fol- lowing vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Plays: None. RESOLUTION NO. 8383, "RESOLUTION AUTHORIZIiNG PURCHASE AGREEMENT" for purchase of a motor grader and Shaw ripper, 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 NQ. 3334, "RESOLUTION AUT11)r:IZING MAYOR TO EXECUTE ADDENDUM NO. 3", with reference to Casa de Salud Community Center, 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. 5/14/63 407 RESOLUTION N0. 8385, "RESOLUTION AUTHORIZING MAYOR TO SIGN AMENDMENT TO AM AGREEMENT", with reference to California State Personnel t3oard, was read. Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereuux. Nays: Morgan. CITY ATTORNEY CARSTENS stated the question of whether a zone variance could be granted for land fill if all property owners had not signed the petition had been referred to him. After reviewing Ordinance 962, he finds it would be unconstitutional to force a variance on those property owners who had not signed the petition and did not want the variance. CITY ATTORNEY CARSTENS stated he had two certificates of insurance, one for Dee Nolan and one for Kenneth H. Golden Company, and recommended they be filed. Moved by Morgan, seconded by Allen, the certificates be filed. Carried by unanimous vote. MAYOR GAUTEREAUX announced this is National Police 'leek and National City Police Association has on display the rescue unit at 3alboa Park. Memorial services honoring those officers who died in the line of duty will be held tomorrow at 11:00 a.m. in the Organ Pavilion. MAYOR GAUTEREAUX announced public hearings have been scheduled for those who would like to be heard on the proposed Civic Center as follows: June 5th, Central School Auditorium; June 6th, Kimbail School Auditorium; June 12th, Las Palmas School Auditorium; June 13th, Harbison School Auditorium; June 19th, El Toyon School Auditorium; June 20th, Highland Avenue School Auditorium. All meetings will be held at 7: 30 p.m. Mayor Gautereuax requested permission to publish the hearing dates in the paper. Moved by Allen, seconded by Colburn, the recommendation of the Mayor be approved.Carried by unanimous vote. MAYOR GAUTEREAUX stated with reference to removing and cleaning up some of the Olivewood Housing buildings, there has been a problem of the removal of some distillate oil which was stored on the property. The contractor, Lee J. Morgan, has removed the oil, and his attorney contends he was entitled to do so; City Attorney Carstens' opinion is the oil belongs to the City. CITY MANAGER HESS stated, since there was nothing specifically outlined in the contract, there are two alter- natives: one is to have the contractor remove the tanks also; the other, to pursue the matter and attempt to have the contractor reim- burse the City for the oil. HEARING on Lower Sweetwater Local Fire District No. 1 Annexation was held at this time. CITY CLERK STRATTON read eight letters of protest to the annexation. Mrs. Stratton questioned the validity of the 5/14/63 408 protests that did not give an address or a description of the property. MRS. FLORENCE ELLEN, 3131 Alta Drive, was present, and requested a ten day extension of time. MAYOR GAUTEREAUX stated the law requires at least a ten day recess before final hearing. Moved by Hart, seconded by Colburn, the hearing be recessed until May 23, 1963, at 8:00 p.m. Carried by unanimous vote. CITY MANAGER HESS recommended the matter of the distillate oil be referred to the City Attorney to try to work out an amicable arrange- ment with the contractor's attorney. Moved by Alien, seconded by Coiburn, the City Manager's recommendation be approved and a report given to the Council. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays; None. Abstaining: Morgan. CITY CLERK STRATTON reported bids opened yesterday in her office for construction of Casa de Salud Community Center were as follows: Raymond D. Haas, $51,322; J. Henry 'ender, $56,140; Silly I. Gentry, $44,980; Consolidated Construction, $51,997; Edwin V. Harris, $51,933; L.L. Hawkins & Sons, $51,850; F. D. Longworth, $48,518; Art A. Gussa, $54,583; Nealon Construction Co., $57,745. CITY MANAGER HESS recom- mended intent to award the contract to the low bidder, 'lily I Gentry, be made and sent to H.H.F.A. Moved by Morgan, seconded by Colburn, the City Manager's recommendation be approved. Carried, by the follow- ing vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTIOr' MO. 8386, "RESOLUTION OF A.+AuD OF CONTRACT (Project APW- Calif-58G, Casa de Salud Community luiiding)", was read. Moved by Morgan, seconded by Coiburn, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Coiburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION F0. 8337, "RESOLUTION APPROVING COM'TRACT (Project APW- Calif-53G, Casa de Salud Community )uilding)", was read. Moved by Morgan, seconded by Colburn, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hart, Morgan, Gautereaux, Nays: None. MAYOR GAUTELEAUX asked approval of the Council to authorize the City Manager to set up a small ground breaking ceremony prior to the time the contractor starts working on the Casa. Moved by Morgan, seconded by Colburn, the Mayor's recommendation be approved. Carried by unanimous vote. VICE MAYOR ALLEN suggested the President of the Casa Men's Club and Father Rosseli of St. Anthony's Church be invited. COMMUNICATION from San Diego Transit System, requesting discontinuance of transit franchise fee, was read. Moved by Allen, seconded by Hart, we do not approve the request. Carried by unanimous vote. 5/14/63 409 MINUTES of Real Extate Committee meeting of May 9th, were presented. Moved by Morgan, seconded by Colburn, it be referred back to the Real Estate Committee for further study at their meeting next Friday. MR. EMILE :'FATTY of Lee Mather Company was present and stated the main reason they wanted the trade was because the other property was on a main street although it did not have as much usable square footage. There was considerable discussion on the merits of making the trade or putting a street throunh to the school property. COUNCILMAN_COLSURN withdrew his second to the motion. COUNCILMAN HART seconded the motion. Carried, by the following vote to -wit: Ayes: Hart, Morgan, Gautereaux. Nays: Allen, Colburn. REQUEST for refund of $25 performance bond to Verl D. Mason and ap- proved by the Engineering Department, was presented. Moved by Morgan, seconded by Colburn, the request be granted and a warrant drawn for same. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. Moved by Allen, seconded by Morgan, the Real Estate Committee minutes be filed. Carried by unanimous vote. COMMUNIC!TIO'! from League of California Cities regarding 56 hour week for Firemen, was presented. MAYOR GAUTENEAUX recommended we go on record as opposing A3 1194, and send telegrams to our Legislators to that effect. Moved by Allen, seconded by Morgan, the Mayor's recom- mendation be approved. Carried y unanimous vote. CARMEN SCOZZAFAVA, Pacific Telephone Co., was present relative to SCA 18, which would impose a one percent tax on all rev:nues of the telephone company. He presented charts showing present.taxes and re - defer action until a loved 9ty Mor billwasmade, * quested the Council to ©ppose-tie-� y Morgan, y Hart, the Council oppose the bill and notify our State Representatives of the same. Motion lost by the following vote to -wit: Ayes: Hart, Morgan. Nays: Allen, Colburn, Gautereaux. Moved by Alien, seconded by Colburn, the item be filed. Carried, by the following vote to -wit: Ayes:;llen, Colburn, Gautereaux. Nays: Hart, Morgan. Hotel Occupancy Tax, A3 1491, was presented and ordered filed by unanimous vote. City Street aryl County Road Financing., Gas Tax, S3 344 was presented. Moved by Allen, seconded by Colburn, we send telegrams to our legisla- tors reaffirming our stand on Sri 344. Carried by the following vote to -wit: Ayes: Allen, Colburn, Morgan, Gautereaux. Nays: Hart. M-yor Gautereaux said a copy should go to the League. *Corrected by Council Action 5/21/63 5/14/66 3 410 Copy of communication from Assemblyman James R. Hills to Chula Vista Chamber of Commerce with respect to the proposed Transit District was presented. Moved by Allen, seconded by horgan, it be filed. MAYOR GAUTEREAUX stated Chula Vista is making a survey of the needs of Chula Vista. At the County League meeting it was suggested each city make a similar survey and get together and meet with the legislators con- cerned with the problem. Motion carried by unanimous vote. CITY MANAGER HESS stated on May 9th, Lee Chilson of the Star -News was chosen Education Editor of the Year by the San Uiego County Teachers Association. CITY MANAGER HESS announced a meeting of the Real estate Committee at 10:00 a.m. on Friday, May 17th. CITY MANAGER HESS recommended the Council authorize the City Clerk to advertise for bids on 200 tons of stock plant mix, bids to be in by no later than 3:00 p.m., June 3rd. Moved by Morgan, seconded by Alien, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER HESS stated John Tillman, Public Works Department, is eli- gible for a step increase effective May 1st. This has been approved by Director of Public Works Biggs and concurred in by the City Manager. Moved by Allen, seconded by Hart, the step increase be granted. Car- ried by unanimous vote. CITY MANAGER HESS stated two employees in the Engineering Department, C. P. Simonds and John Foster, are eligible for step increases effec- tive May 1st. They have been approved by the City Engineer and con- curred by the City Manager. Moved by Allen, seconded by Colburn, the step increases be granted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. C0;IMUNICATION from American Legion Auxiliary, requesting permission to sell poppies on May 24th and 25th. CITY MANAGER HESS recommended they be allowed to sell poppies on a no -fee basis. Moved by Hart, seconded 5/ 14/6 3 411 by Allen, the City Manager's recommendation be approved. Carried, by the following vote to -wit: Gautereaux. Nays: None. Ayes: Allen, Colburn, Hart, Morgan, COMMUNICATION from Director of Public 6orks Diggs recommending refund of building relocation performance bond issued by Robert Lee James, Sr. was presented. CITY MANAGER HESS concurred in the recommendation. Moved by Allen, seconded by Hart, the recommendation of the Public Works Director and the City Manager be approved. Carried, by the following vote to -wit: ryes: Alien, Colburn, Hart, Horgan, Gautereaux. Nays: None. CITY MANAGER HESS stated in regard to the employee Suggestion Award Program, Suggestion No. 20, installation of a public telephone, will result in a savings of approximately $200 per year, and recommended the individual be awarded $15. Moved by Alien, seconded by Colburn, the City Manager's recommendation be approved. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. CITY MANAGER HESS stated Suggestion No. 22, paying an employee in full at time of retirement, will result in an approximate annual savings of $200 and recommended the individual be awarded $15. Moved by Colburn, seconded by Allen, the City Manager's recommendation be approved. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. CITY MANAGER HESS stated he is in receipt of the Sewer Service Pilling Agreement, signed by California 1tater & Telephone Co., and recommended it be referred to the City Attorney for proper form and then filed with the City Clerk. Moved by Colburn, seconded by Allen, the Manager's recommendation be approved. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. CITY CLERK STRATTON announced the meeting of the County Division of the League of California Cities on Friday, May l7th. 5/t4/63 412 COMMUNI:.,TIOii from County ;aoundary Commission with reference to Alpha Annexation to the City of San Diego and de -annexation from the City of National City was presented. Moved by Allen, seconded by Morgan, of it be referred to the Director Planning. Carried by unanimous vote, COMMUNICATION from Assemblyman E. Richard )arnes regarding Federal Field Laboratory was presented and ordered filed by unanimous vote. COMMUNICATION from Senator Thomas H. Kuchel with reference to Federal Field Laboratory was presented and ordered filed by unanimous vote. COMA ICATIGi1 from Assemblyman Richard J. Donavan regarding Federal Field Lai oratory was presented and ordered filed by unanimous vote. COMfrIUNICATION from Assemblyman Richard J. Donovan acknowledging re- ceipt of resolution opposing S3 845 was read and ordered filed by unanimous vote. CITY LNGINEER FOSTER reported the Metropolitan sewer connection plans are almost complete and recommended the Council approve advertising as soon as it is completed. Moved by Hart, seconded by Allen, the City Engineer's recomm.Andation be approved. Carried by unanimous vote. REPORT of the Director of Oiivewood r io°sing for March was presented. Moved by Allen, seconded by Morgan, the report of the Director of Housing for March ;e approved and filed. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN reported the Planning Commission, on May 6th, had denied the application for a waiver for installation of sidewalk of H.' and Lillie Cornelius and recommended the sidewalk be installed. The City Engineer concurred in the recommendation. Moved by Morgan, seconded by Colburn, the Planning Commission's recommenda- tion be approved. Aplea1 to Planning Commission action signed by Lillie Cornelius was read 'Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. CITY CLERK STRATTON read an appeal by R. L. Graham of Planning Com- mission action in denying waiver of sidewalks and curbs at 2315 and 2317 La Siesta StrL:et. DIRECTOR OF PLANNING STOCKMAN stated the City Engineer went along with the Planning Commission's recommendation the sidewalks an :curbs be installed. Moved by Morgan, seconded by Colburn, the Planning Commission's recommendation be approved. Mr. Charles Shulman was present representing Mr. Graham and said they would rather do this work under a 1911 Act. Carried by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. DIRECTOR OF PLANNING STOCKMAN reported she has a petition signed by the property owner asking for de -annexation from National City and 5/14/63 413 annexation to San Diego of Alpha Annexation. Mrs. :stockman recommended it be referred to the Planning Commission for a report. Moved by Hart, seconded by Coluurn, the Planning Director's recommendation be approved. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN stated there would be a meeting held sometime next week on Mariposa Annexation. REPORT of City Treasurer for period ending April 30th, was presented and ordered filed by unanimous vote. MAYOR GAUTEREAUX explained the City Attorney's ruling of the zone variance in regard to the land fill situation to Hr. Jerry Steadman who was not present earlier. Mr. Steadman said he would like to see the canyon dedicated as a Pan American Park. Moved by Allen, seconded by Hart, we indicate to the County we are in favor of the land fill in the canyon and zone variance provided everyone concerned signs a re- quest for a zone variance. Carried, by the following vote to»wit: Ayes: Allen, Colburn, Bart, Morgan, Gautereaux. )gays: None. DIREOTO; OF PLANNING STOCKiMAi1 asked if she is to proceed with the zone variance on the property that is in order. MAYOR GALTENEAUX said that is correct, and to give the County of San Uiego notification of the action of the Council. Moved by Morgan, seconded by Hart, the meeting closed. Carried, by unanimous vote. Meeting closed at 4:02 p.m. ATTEST: CITY CLERK ll h r�TI O yC 0k A A 5/t4/63