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HomeMy WebLinkAbout1963 06-18 CC MIN443 National City, California, June 18, 1963 Regular meeting of the City Council was called to order at 1:30 p.m. by Mayor Gautereaux. Council members present: Allen, Colburn, Morgan, Gautereaux. Absent: Hart. ADMINISTRATIVE OFFICIALS present: Carstens, Foster, Osburn, Stockman, Stratton. The meeting was opened with salute to the Flag by Assistant City Mana- ger Osburn, followed with invocation by the Rev. Harris E. Lidstrand, Assembly of God Church. MAYOR GAUTEREAUX presented a certificate of appreciation awarded by the San Diego County Civil Defense and Disaster Organization to Deputy Direc- tor of Civil Defense George DeHaven. A similar certificate was awarded to City Manager Hess. Moved by Allen, seconded by Colburn, the minutes of the regular meeting of June 11, 1963, be approved. Carried by unanimous vote. Councilman Hart absent. COUNCILMAN HART arrived and took his place at the meeting. RESOLUTION NO. 84054,"RESOLUTION OF CONGRATULATIONS FOR P. E. KILLION, PRINCIPAL SWEETWATER ADULT HIGH SCHOOL", was read. Moved by Morgan, seconded by Colburn, the Resolution be adopted. Carried, by the fol- lowing vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8406, "RESOLUTION OF COMMENDATION" (Constantin Bernhard Mueser), 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. RESOLUTION NO. 8407, "RESOLUTION FAVORING LOCATION OF FLOOD CONTROL CHANNEL AND PROPOSED HIGHWAY ROUTE NO. 280 IN GEOGRAPHIC CENTER OF SWEETWATER VALLEY", was read. MAYOR GAUTEREAUX was called from the Council Chamber and Vice Mayor Allen presided. Moved by Colburn, sec- onded by Hart, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Colburn, Hart, Morgan, Allen. Nays: None. Absent: Gautereaux. RESOLUTION NO. 8408, "A RESOLUTION TERMINATING SINKING FUND NO. 8", was read. Moved by Colburn, seconded by Morgan, the Resolution be adopted, Carried, by the following vote to -wit: Ayes: Colburn, Hart, Morgan, Allen. Nays: None. Absent: Gautereaux. CITY ATTORNEY CARSTENS stated the next Resolution to be read was in regard to the tidelands north of 19th Street which were not transferred 6-18-63 444 to the Unified Port District. The lands were acquired by the United States Government by condemnation and were later deeded back to the City of National City. The Unified Port District has researched the judgment and take the position the lands were deeded back to National City in trust for the people of California and, therefore, the lands should be included with others conveyed to the Port District. CITY ATTORNEY CARSTENS reported he, too, has researched the matter and quoted from the court opinion "...The title to said tract be and is hereby divested out of the United States of America and revested in the defendant City of National City and State of California and all other defendants, persons and corporations that were the owners thereof at the time of the taking thereof by the United States of America..." The City Attorney stated the order which was signed and approved by the then City Attorney for the City and by independent counsel retained by the City put the land right back where it started, owned by the City of National City in trust for the people of the State of California, and in his opinion the rental monies retained by the City in the Harbor Fund since March 1, 1963, pending determination of this question, should properly be conveyed to the Unified Port District. Resolution No. "a resolution authorizing the transfer of rental receipts since March 1, 1963, to the San Diego Unified Port District" was read. Moved by Colburn, seconded by Allen, the Resolution be adopted, Councilman Morgan stated he would have to be convinced and he was against giving it to the Port District. Councilman Hart asked what Chula Vista had done about it. Acting Mayor Allen said they had no similar situation. Councilman Colburn inquired if there were any other persons or corporations involved at the time the lands were returned to National City. The City Attorney reported there were others involved.' Councilman Colburn asked if the other persons have since sold their property. City Attorney Carstens said this was pursuant to stipulation and the court order was signed by the Federal Court upon agreement of all parties. Acting Mayor Allen stated it was similar to San Diego's desiring to exclude Lindbergh Field from the tidelands conveyed to the Port District but found through research it would probably result in long and expensive court action and transferred the land. Councilman Morgan stated the land was deeded back to us for our use. Councilman Colburn asked when the property was condemned by the United States Government was it the same as it is now, was it then what we call tide- lands property under the State of California, or was it considered City property. City Attorney Carstens stated at the time of the taking it was considered by parties to the lawsuit as tidelands and it was assumed by all parties concerned the State of California did have an interest in the land as beneficiaries of the trust, at the time it was taken by 6-18-63 445 the Federal Government it was being held by the City in trust. When it was taken over by the Federal Government the trust was eliminated, but when it was deeded back to National City it was the way it was before. Councilman Morgan asked if when the land was condemned, National City did not receive about $800,000, City Attorney Carstens replied it was $772,000 and the State of California was also paid a token sum of $1.00. Councilman Colburn stated the land was in our trust and there were also other tidelands in our trust and asked if the San Francisco Bridge Co., one of the other parties involved in the condemnation, or any of the other private owners, sold any property to National City; if they did, the land could not have been considered tidelands to begin with. Is there any record of the City's purchasing any land in the area? City Attorney Carstens stated the nature of the interest of the San Francisco Bridge Co. and others named in the court action is not known to him; it may have been an interest in buildings or personal property or leasehold. Councilman Morgan inquired what interest the Railroad had in the property as the Government apparently condemned private property not under the State of California. City Attorney Carstens said he did not know what the interests of the companies involved were but would assume the Rail- road had easement rights and that whatever the interest was, it was given back to them; the City was given back its interest, no more or less than what it was originally. The net effect of this was the condemnation action was eliminated as though it had never happened, and the City received what it had before which was a trust. Councilman Colburn asked if possibly the interest of any of the other parties was held and the City purchased that interest. Motion failed by the following vote to -wit: Ayes: Colburn, Allen. Nays: Hart, Morgan. Absent: Gautereaux. Moved by Colburn, seconded by Hart, the City Attorney search the records to see if the City of National City purchased any property from any pri- vate corporation within the area of the tidelands. Carried by unanimous vote. Mayor Gautereaux absent. MAYOR GAUTEREAUX returned and presided. RESOLUTION NO. 8409, "RESOLUTION OF ACCEPTANCE OF A1+iENDED GRANT OFFER (APW-Calif-59G)", 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. Moved by Allen, seconded by Colburn, the Resolution in regard to the transfer of tidelands conveyance to the Unified Port District be laid over for the information regarding private property being purchased by the City from other individuals requested by Councilman Colburn. Carried by unanimous vote. 6-18-63 446 CITY ATTORNEY CARSTENS reported O'Melveny and Myers have been retained in regard to possible bond issues and bond elections to investigate the technicalities and problems of initiative bond elections, such as pro- posed for the financing of the proposed new Civic Center. In their opinion institution of proceedings to hold a special bond election, and the subsequent issuance of bonds by the City by means of an initiative ordinance cannot be applied to the calling of a city bond election as Sections 43607 and 43608 of the Government Code requires a Resolution "determining public convenience and necessity require the acquisition or construction of the municipal improvements involved" and an Ordinance calling the special election must have a 2/3 vote of the City Council. City Attorney Carstens stated in view of the opinion the bond election can be called only by the requisite 4 affirmative votes of the City Council. CITY ATTORNEY CARSTENS reported he received a communication from Johnson, Johnson, and Estep, attorneys, in regard to Baker vs Cagle (police back pay). In essence it is a formal offer to settle the case for a total amount of $11,583.63 (which figure was arrived by Chief Cagle) and does not include interest and could be paid over a period of time. To date the written opinion of the judge presiding at the pre-trial hearing has not been received. Also several of the police officers who have claims have not joined in the lawsuit and the figure does not include the amount owed them. Moved by Hart, seconded by Allen, to hold over the matter until the opinion of the pre-trial judge is received and to include in the payment those police officers who have not joined the lawsuit by amending the lawsuit if a settlement is made. Carried by unanimous vote. Mrs. Ethel Jerdo, 2705 Wilma, Lincoln Acres, was present and asked how long after annexation would the people have to wait to have sewers. Mayor Gautereaux stated it would be impossible for the Council to answer without a study. Assistant City Manager Osburn stated one of the dif- ficulties is the City has no right to send engineers out to make such a survey until Lincoln Acres is in the City. Vice Mayor Allen stated if groups of people on certain streets with availability to a trunk sewer as soon as our department could find the time to do it, it could be done within a short time; where trunks needed to be run in, it would take longer. Mrs. Jerdo stated rumors regarding the sewers and the method of paying for it are going around and might cause the defeat of the annexation at election; and it is important for the people of Lincoln Acres to know the City is behind them. She asked if sewers can be financed by 1911 bond. Assistant City Manager Osburn stated no sewers have been put in under the 1911 bond recently; it is the intention in Lincoln Acres to take area by area where people desire sewer service and 6-18-63 447 their hook-up fees would be used to put the mains in and connections to the mains. This fee ($490) might not be sufficient in all cases. Mr. Osburn further stated an engineering survey is necessary as it is pos- sible to run out of grade and elevation on the sewer. Councilman Morgan inquired if anyone ever had to wait too long for sewer after an annexa- tion. Assistant City Manager Osburn said there has not been any long wait. Vice Mayor Allen stated he wished to emphasize one point, there will only be one hook-up charge, once on the sewer there will be the monthly service charge. Councilman Morgan said National City will pro- vide sewer service to the people in Lincoln Acres as quickly as possible. Mrs. Jerdo asked if the $1.50 monthly fee is the only charge they will be required to pay for the Metropolitan Sewer System. Mayor Gautereaux said once they are in the City this will be the only charge. Assistant City Manager Osburn stated there is some misunderstanding about who will be charged the service fee, anyone who is adjacent to a sewer and at such depth to permit a hook-up will be charged. Mrs. Jerdo also inquired if people would have to give up their pets, chickens, horses, etc. Director of Planning Stockman stated the policy has been to place such areas under non -conforming use but they would have to comply with the health ordinance and they could not enlarge the number of animals. Vice Mayor Allen stated they would be under the inspection of the same county health officer as they are now. Mrs. Jerdo asked the City Clerk how per. sons might obtain absentee ballots. City Clerk Stratton stated anyone desiring an absentee ballot should write an application, signed the same as they are registered, and send it to the City Clerk, and a ballot will be mailed to them. Mrs. Florence Uzemecki, 524 nitt Avenue, was present and stated she and a group of interested citizens attended the planning Commission meeting Wednesday evening when the Commission voted to hire a general develop- ment planner. The National City Home Protective League is having Frank Passow of Los Angeles, an expert on Urban Renewal, speak in National City, June 24th. She urged all members of the Council and others inter- ested to be present and asked them to come with open minds, and to defer their decision until they have heard Mr, Passow. The Rev. Don McCombs,830 Melrose Avenue, of the Calvary Baptist Church was present and invited all the Council members to the dedication ser- vices of the new auditorium of the Calvary Baptist Church at 2516 E. 18th Street, Sunday afternoon at 2:00 p.m, Mrs. Dorothy Covey, 1911 flirt Ave., was present and stated although she is not a member of the National City Home Protective League, she feels as they do about urban renewal and would like to urge action on the hiring of a general development planner for the City be deferred until after Mr. Passow has been heard. 6-18-63 448 Vice Mayor Allen stated his thanks to the Breakfast Club for the luncheon today honoring those unpaid members of the Cityb committees and commission Mrs. Eve Bisberg, 1826 E. 8th Street, was present and requested the City Council to give more thought to the adoption of the Planning Commission's recommendation; although Federal funds are to be used it will have to be paid for. She stated National City has been referred to as the bedroom or pantry of San Diego and she thinks National City should determine what it wants to be and then develop in that direction. She also stated the new Civic Center will be built in due time when there is work and money here. Mrs. Cora Paysinger, 1434 "K" Avenue, was present and requested the Council to delay action on the hiring of a planner until after the meet- ing on June 24th. COUNCILMAN MORGAN asked the Assistant City Manager where the money to pay the second fire station was coming from. Assistant City Manager Osburn stated the coney was coming out of the General Fund. COUNCILMAN MORGAN stated he was displeased to know used materials were utilized in adding to the Public Works Building but was surprised to learn the money was coming out of the Special Street Fund. MAYOR GAUTEREAUX stated the Chambers of Commerce throughout San Diego County have appointed committees to study the mass transportation program and each have asked to have a Council member appointed to serve on the committees. With the Council's permission the Mayor stated he would like to appoint Howard Colburn to serve as a member of the National City Cham- ber of Commerce's committee. Moved by Allen, seconded by Hart, the Mayor's recommendation be approved. Carried by unanimous vote. MAYOR GAUTEREAUX announced National City is to be the host for the League of California Cities dinner Friday, June 21st, and he would like members of any of the committees to attend. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund Traffic Safety Park Retirement Harbor Special Street Drainage Park Construction Sewer Service Payroll Total $ 16,291.66 4,044.09 1,117.02 5,284.64 81.12 94.34 8,318.56 1,919.95 3,037.12 57,338.03 97,526.53 Moved by Allen, seconded by Colburn, the bills be approved for payment and warrants ordered drawn for same. Carried, by the following vote to - wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. 6-18-63 449 RESOLUTION NO. 8410, "RESOLUTION AUTHORIZING EXPENDITURE PROM THE CAPITAL OUTLAY FUND (Robert A. Bradt, Architect, reproduction of drawings for Casa de Salud, $151.90)" 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. ASSISTANT CITY MANAGER OSBURN reported in regard to the Technical Advisory Committee of the participating agencies of the Metropolitan Sewer System he has not received sufficient information and would like to defer it for one week. Moved by Morgan, seconded by Allen, the Assistant City Mana- ger's recommendation be approved. Carried by unanimous vote. ASSISTANT CITY MANAGER OSBURN stated in regard to vending machines to be installed at Las Palmas Pool, a proposed contract has been prepared, and recommended it be referred to the City Manager, the City Attorney and Mr. Wilson, owner of the vending machines, to be brought back to the Council next week. Moved by Allen, seconded by Colburn, the Assistant City Manager's recommendation be approved. Carried by unanimous vote. CITY CLERK STRATTON stated bids for Metering Stations Nos. 1 and 2 and Appurtenances were opened in her office at 3:00 p.m. June 17th and are as follows: Pascal & Ludwig, Inc., $143,060.00; John A. Brand, $48,630.; Ham Brothers, $133,205.00. City Engineer Foster stated he is not pre- pared to make a recommendation at this time because of the wide spread of the bids and requested it be deferred for one week. Moved by Allen, seconded by Hart, the City Engineer's request be approved. Carried by unanimous vote. A communication from Susan Oliver in regard to the golf course at Las Palmas Park was presented. Moved by Allen, seconded by Gautereaux, the City Clerk be instructed to write her a letter saying we have received it and will give it consideration. Carried by unanimous vote. Two requests for refund of $25.00 performance bond, from Mrs. Sven Hoaglund and Jose Romo, were presented. Moved by Alien, seconded by Colburn, the requests be approved and the regular certified officer be authorized to refund the money. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. A communication from the State Employees' Retirement System regarding membership classification was presented and ordered filed by unanimous vote. A request by the Director of Public Works for vacation for John McCormick was presented. Moved by Alien, seconded by Hart, to approve the request. Carried by unanimous vote. 6-18-63 450 An application for off -sale beer and wine license by John Mordhorst, dba Mordy's Market, 234 Highland Avenue, was presented. Moved by Allen, seconded by Colburn, the application be filed. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux.' Nays: Morgan. ASSISTANT CITY MANAGER OSBURN stated he received a photostatic copy of a contract between the John Hancock Investment and the Santa Fe Railroad in relation to a spur track and it is of more interest to the San Diego Unified Port District than the City. He recommended it be referred to the City Attorney for his recommendation next week. Moved by Allen, seconded by Colburn, the Assistant City Manager's recommendation be approved. Carried by unanimous vote. ASSISTANT CITY MA NAGER OSBURN stated he has a letter requesting ratifi- cation of action taken last week with no time to bring the problem to the Council. The letter is addressed to L. E. Hess, Fire Inspector, requesting permission for circus in South Bay Plaza upon compliance with specifications of fire codes and ordinances from Charles J. Hess, City Manager. Moved by Morgan, seconded by Colburn, the action be approved. Carried by unanimous vote. A communication from the League of California Cities urging the appoint- ment of one city official to contact Governor Brown urging him to approve SB 344 at the earliest possible date was presented. Moved by Allen, seconded by Morgan, the City Clerk be authorized to comply with the request. Carried by unanimous vote. CITY CLERK STRATTON presented a communication from Assemblyman R. J. Donovan acknowledging receipt of Resolutions No. 8395 and 8396. Ordered filed by unanimous vote. CITY CLERK STRATTON presented a communication from Senator Jack Schrade thanking her for keeping him advised on the views of the City Council which was ordered filed by unanimous vote. CITY ENGINEER FOSTER announced Plaza Boulevard is now being paved and will be completed in about one week. Mayor Gautereaux stated the Engineering Department is to be complimented. Vice Mayor Allen inquired if the telephone poles on the east side of Highland have been set back in readiness for the widening of Highland. City Engineer Foster stated a meeting with the utility companies is scheduled for tomorrow morning to resolve all the utility moves. DIRECTOR OF PLANNING STOCKMAN read the unanimous recommendation of the Planning Commission of June 12, 1963, the firm of Simpson, Stratta and Associates be selected to develop a comprehensive general plan for the City of National City. Moved by Hart, seconded by Morgan, the Council action be deferred until after the meeting at Rubio's on June 24th when 6-18-63 451 Mr. Passow will speak. MAYOR GAUTEREAUK .stated he would be very inter- ested in hearing what Mr. Passow will have to say but he does not think he will be able to cause him to change his mind and he sees no reason for delaying the action on the Planning Commission's recommendation. Carried, by the following vote to -wit: Ayes: Colburn, Hart, Morgan. Nays: Alien, Gautereaux. The City Treasurer's Report for the month of May, 1963, was presented and approved and ordered filed by unanimous vote. Moved by Morgan, seconded by Hart, the meeting be closed. Carried by unanimous vote. The meeting was closed at 3:10 p.m. ATTEST: CITY CLERK CITY NATIONAL CIT 0 CALIFORNIA 6-18-63