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HomeMy WebLinkAbout1962 11-02 CC ADJ MIN185 National City, California, November 2, 1962 Adjourned meeting of the City Council of October 30, 1962, held Novem- ber 2, 1962, was called to order by Mayor Gautereaux at 1:30 p.m. o'clock. Council members present: Allen, Colburn, Hart, Morgan, Gautereaux. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bailey, Carstens, Foster, Osburn, Stockman. The meeting was opened with pledge of allegiance to the Flag by Admin- istrative Officer Osburn, followed with invocation by Mayor Gautereaux. REPORT OF THE HARBOR COMMITTEE meeting of November 1st, was read, rela- tive to the option proposal of Mr, Jacquot and his group. The Committee recommended the City Attorney and the Attorney for Aqua -Land prepare a legal option and lease; the City Attorney to use wording to protect the City. The meeting was adjourned at 11:35 a.m. The Harbor Commit- tee reconvened at 3:03 p.m. at which time they offered a counter pro- posal in regard to Aqua -Land. The Committee recommended the City Attorney prepare a lease to be presented November 2nd, as well as an appropriate resolution. Moved by Allen, seconded by Hart, the recom- mendation o;: the Harbor Committee to the Council in regard to the counter proposal be approved. HARRY A. WARDENBURG, representing Aqua - Land Development Corporation, was present, and stated they thanked the Council for considering their proposal, and for the time and effort spent to get another proposal to them, Mr. Wardenburg said some of the terms are different from the ones proposed to the City; however, he believed they could be negotiated, and suggested the City Attorney and their Attorney get together tomorrow and try and work out these items together. COUNCILMAN MORGAN questioned whether or not the motion should include that our Attorney and their Attorney negotiate. VICE MAYOR AJLPN stated he would include that in his motion. COUNCIL- MAN HART withdrew his second to the motion. COUNCILMAN MORGAN sec- onded the motion, with the amendment as made by Vice Mayor Allen. MAYOR GAUTEREAUX stated he would speak in favor of the motion provid- ing none of the terms we have offered in the counter proposal is altered from what we have recommended; in effect that would be the terms of both the option and the lease and authorization to enter into this contract should be given to the Attorney, Mayor Gautereaux stated a resolution has been prepared that would expedite it. They would either accept the counter proposal or they would not under the terms we have provided; and it should not be necessary to have an adjourned meeting. We are at a point now where they can either accept it or reject it, MR. WARDENBURG said he did not get a chance to read the proposal; and thought they should attempt to negotiate their proposal 11-2-62 186 and the City's proposal. ATTORNEY CARSTENS stated he did not feel he has any authority at all to negotiate terms of the contract; it is out of his province as City Attorney, and is up to the policy making body to make any changes in the terms. MR. WARDENBURG said he would like to give Mr. McMahon, Atty., an opportunity to look over the counter proposal. DONALD JACQUOT was present and stated if they could have a copy of the document proposed, and if we have any changes made by our Attorney they will be submitted to Mr. Carstens. Councilman Morgan withdrew his second to the motion. Motion died for lack of a second. Moved by Colburn, seconded by Morgan, we offer the Aqua -Land representa- tives copies of the counter proposal for their acceptance or rejection; and if they reject the counter proposal which our Harbor Committee has submitted to the Council for our approval, and if we have an adjourned meeting Monday afternoon they would have one last chance to make any changes that we could either accept or reject. ALBERT E. CLARKE, 914 E. 8th Street, was present and stated, as has been pointed out by our City Attorney, there is nothing he can do until Aqua:Land decides what they wish to do. Carried, by the following vote to -wit: Ayes: Colburn, Hart, Morgan. Nays: Allen, Gautereaux. REPORT FROM THE HARBOR COMMITTEE was read, recommending the City Mana- ger be allowed to see that construction of sewer lines to serve Dixie Line Lumber Company be started. This necessitates approximately 860 Linear feet of 89 sewer at a cost of approximately $8,000. Moved by Morgan, seconded by Allen, the recommendation of the Harbor Committee be approved. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. REPORT FROM THE HARBOR COMMITTEE was read, recommending we offer for sale to R. E. Hazard Construction Company, for purposes of fill on the State Highway project in National City, excess dirt south of Paradise Creek on tidelands property at ten cents per yard, amount of excess dirt to be figured after grades are set by the City Engineer. Moved by Hart, seconded by Colburn, the recommendation of the Harbor Committee be approved. Carried, by the following vote to -wit: Ayes: Colburn, Hart, Gautereaux. Nays: Allen, Morgan. MAYOR GAUTEREAUX stated in view of the first motion passed in present- ing the option and the lease to the representatives of Aqua -Land for review of the attorneys, and since both the option and lease contain different wording than the original proposal that was made, he person- ally would like to know what the Council is finally proposing to these people and thought it would be appropriate, and recommended the Attor- ney read our option and lease so we will know fully what is being pro- posed. Moved by Allen, seconded by Colburn, the recommendation of the 11-2-62 187 Mayor be approved. Carried by unanimous vote. ATTORNEY CARSTENS read the option and lease. MR. WARDENBURG stated the name of their corpora- tion is Aqua -Land Development Corporation. ATTORNEY CARSTENS stated the lease calls for an exhibit to be attached which would show the buildings, etc. to be put on the property. MR. WARDENBURG stated he thought reference could be made to the sketch which they had presented to the Council showing the proposed development, MAYOR GAUTEREAUX asked that he be excused for a few minutes and Vice Mayor Allen took the chair. VICE MAYOR ALLEN said he would want something in black and white, not a picture. DIRECTOR OF PLANNING STOCKMAN asked if it would be possible in the wording of the lease to state that a master plan would have to be prepared by Aqua -Land Development Corporation, pro- cessed and adopted as a master plan for development of that area then it would have to be developed exactly as the master plan and could not be altered. COUNCILMAN COLBURN stated if someone is authorized to come in with an option to make feasibility studies you could not ask of them the master plan to be developed before they go into their feas- biility studies. The option merely means we are just giving them the option to come in and do their own investigating. MAYOR GAUTEREAUX returned and took the chair. MAYOR GAUTEREAUX stated a point which he thought has been completelyoverlooked during the discussion, the land shown on Exhibit "Af we have a channel which is a natural channel and carries water; we should protect the area to a degree to make sure the channel is not narrowed but would be widened; not only are we leasing land, we are leasing water because the water in the channel belongs to the City of Nationa L.City, and the concession would be thereon. DR. GEORGE JONES stated this is the first time they have heard about any- thing being reserved along Paradise Creek. CLINTON MATTHEWS, 4305 Vista Coronado, Linwood Hills, was present, and stated he noticed in the proposal that the lessees will have permission to remove the excess fill. MAYOR GAUTEREAUX stated the City reserves that right. MR. MATTHEWS asked if this is the same fill the City is offering to sell to Hazard. MAYOR GAUTEREAUX stated it is. Mr. Matthews stated the fill is very valuable and didn't like to see the City sell the dirt. Dr. Jones and Harry Tf-ardenburg concurred with Mr. Mr. Matthews. COUNCILMAN COLBURN asked the City Attorney if he was not requesting whether the master plan was to be approved before the letting of the lease. ATTORNEY CARSTENS stated he did make a sugges- tion in regard to the master plan; if it cannot be supplied now it could be a condition in the option. Moved by Morgan, seconded by Hart, we make it a part of the option. Carried, by the following vote to - wit: Ayes: Colburn, Hart, Morgan, Gautereaux. Nays: Allen. MAYOR GAUTEREAUX stated he thought there should be a provision for differential 11-2-62 188 between the land and the water and making sure the channel is not nar- rowed. VICE MAYOR ALLEN stated he would like to have a study by the Harbor Committee, and some recognized differential established and a rate set for the difference between water and land. DR. JONES stated at their first discussion they stipulated the fact nothing would be considered that was in conflict with the Corps of Army Engineers. ORDINANCE NO._ _ relative to granting consent to use of lease tide- lands by persons other than original lessee; which pertains to John Hancock Manufacturing Company, was presented for the second and final reading. Upon motion of Colburn, seconded by Alien, further reading of the Ordinance was waived. The motion was adopted by unanimous vote. ORDINANCE NO. 1051, "ORDINANCE GRANTING CONSENT OF THE CITY COUNCIL TO USE OF LEASED TIDELANDS BY PERSONS OTHER THAN ORIGINAL LESSgB, Moved by Allen, seconded by Colburn, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. VICE MAYOR ALLEN recognized Whitey Landells, Committee member of the organization for a unified port development. MAYOR GAUTEREAUX stated it was nice to have Mr. Landelis with us today; and recognized Clinton Matthews, ex -mayor of National City. CITY CLERK ALSTON reported she was served with a verified notice of claim this morning by Richard E. Adams, Attorney on behalf of Eduardo E. Steger for his daughter, Carmen. The claim has been referred to the City Attorney and to our insurance agent. CITY CLERK ALSTON asked if the Council would approve the payment of bills at our adjourned meeting Monday night. Approval granted by unanimous vote. Moved by Morgan, seconded by Colburn, the meeting be adjourned until 8:00 p.m., Monday, November 5, 1962. CITY ENGINEER FOSTER reported he would be unable to attend the meeting Monday night. MAYOR GAUTEREAUX stated he could be excused. DIRECTOR OF PLANNING STOCKMAN stated she would like permission to present one item at the adjourned meeting in regard to the sanitary fill. MAYOR GAUTEREAUX stated it does not require a motion to place it on the agenda for Monday night; and gave Mrs. Stockman approval to present it. Carried by unanimous vote. M� R. CITY OF NA ONAL CITY, FORPdIP, ATTEST: CITY CLERK 11-2-62