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HomeMy WebLinkAboutcc min 1959/04/14 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday April 14~ 1959 The Council met in the Council Chambers at the City Hall on the above date at 7:00 P.M. with the following Councilmen present: Councilmen McAllister, Smith, McMains, DeGraaf, Menzel Absent: None Also present: City Attorney Kugler, City Administrator Fulwiler, City Engineer Floyd, City Planner Fretz, Administrative Analyst Ross, City Finance Officer Grant Mayor Menzel led the salute to the Flag and asked for a moment of prayer. APPROVAL OF COUNCIL MINUTES It was moved by Councilman DeGraaf, seconded by Councilman Smith, and carried that the Minutes for the Council meetings of March 10, 16, 20, 24 and April 7th be approved, copies having been sent to each Councilman. /APPOINTMENT OF MAYOR Councilman DeGraaf nominated Councilman Nc. Mains for the position of Mayor. It was moved by Councilman Smith, seconded by Councilnmn McAlltster, and carried, that the nominations be closed. It was moved by Councilman Smith, seconded by Councilman McAllister, and carried that the Clerk be directed to cast a unanimous ballot for Councilman McMains for the position of Mayor. ~/~PPOINTMENT OF VICE MAYOR Councilman Smith nominated Councilman Mcillister for the position of Vice Mayor. It was moved by Councilman McMains, seconded by Council~mn Smith, and carried, that the nominations be closed. It was moved by COuncilman Smith, seconded by Councilman DeGraaf, and carried that the Clerk be directed to cast a unanimous ballot for Councilman McAllister for the position of Vice Mayor. SEATING OF NEW MAYOR ~yor Menzel expressed great appreciation for having been granted the privilege of serving as Mayor of the City, and thanked everyone for the courteous cooperation extended him during his term of office. He called upon the Reverend Cook for prayer. He then turned the gavel over to Councilman McMains. Mayor McMaine thanked the voters for having given him the opportunity of being able to serve as Mayor, and expressed appreciation for the confidence placed in him by his fellow Councilmen. He then took his seat at the Council table and proceeded to conduct the affairs of the City. ~/~UBLIG HEARING - Russell Haas Industrial Park Annexation This being the time and place, as advertised, for a public hearing on the proposed Russell Haas Industrial Park Annexation, Mayor HcMains declared the hearing open. There being no protests either oral or written from property owners within the territory proposed to be annexed or otherwise, the Mayor declared the hearing closed. ORDINANCE No. 627 - Approving Russell Haas Industrial Park Annexation- let reading It was moved by Councilman Smith, seconded by Councilman DeGraaf, and carried, that Ordinance No. 627 be placed on its first reading, and that reading of the text be waived. The motion carried by the following vote, to-wit: ~AYES: Councilmen Smith, McMains, DeGraaf, Menzel, McAllister Noes: None Absent: None XJPUBLIC HEARING - Proposed Olivewood Acres Annexation This being the time and place, as advertised for a public hearing on the proposed Olivewood Acres Annexation, Mayor McMains declared the hearing open. The Clerk read a resolution of protest to the annexation from the National City Council as well as a letter of protest from property owners Marttie and Teresa BriggSo A letter in favor of the Annexation was read from the Vista Hill Psychiatric Foundation. Mr, Briggs spoke in support of his letter of protest to the proposed annexation. Mr. Vincent DeLucia and W. P. Ralston spoke in favor of the annexation. Werner Dryfuss asked what zoning was contemplated for the area. ! City Planner Frets stated the zoning had not been worked out, but that any present use could be maintained as a non-conforming use regardless of the ultimate zoning. No others wishing to be heard, the Mayor closed the hearing. Council discussion followed on the feasibility of deleting the Northerly three hundred feet of the proposed annexation; said three hundred feet being along 30th Street. Hr. DeLucia stated that if this portion were deleted he would then oppose the annexa- tion. Action on the proposed annexation was held over until the next Council meeting. ~UBLIC flF~ARING - Proposed rezoning of property on South side of J. Street, East of Broadway This being the time and place, as advertised, for a public hearing on the proposed rezoning of property on the South side of J. Street, East of Broadway, Mayor McMains declared the hearing opem. The Clerk read letters of protest to the proposed rezoning from James [~e~stra and Mrs. Gordon Fay. The Planning Commission Resolution recommending the rezoning was read. Those speaking in opposition to the rezoning included R. B..Lundsford, Emery Fryer, Mr. Eaton, Ina Rienstra, Merril Foster, Robert Bates, and Mrs. Trayler. Attorney Albert Boyer representing owners of the property proposed to be rezoned, spoke in support of the recommendations of the Plaunimg CommAs, sion. N~ others wishing to be heard, the Mayor declared the hearing closed. It was moved by Councilman McAllister, seconded by Councilman Menzel, and carried, that the matter be placed on the agenda for action at the next Council meeting. ~POBLIC NEARING - Amending zoning ordinance to zone newly annexed lands This being the time and place, as advertised, for a public hearing on the proposed zoning of newly annexed lands, Mayor McMains declared the hearing open. No one in the audience wtmhing to be heard, the liayor declared the hearing closed. There were no written c~unications on the proposed zoning. It was moved by Councilman Smith, seconded by Councilman McAlliater, and carried, that the matter be placed on the agenda for action at the next Council meeting. /BLIC HEARING - 1911 Act Shoulder Paving This being the time and placer as advertised, for a public hearing on a proposed 1911 Act Shoulder Paving project at the Northwest corner of Second and E. Street Mayor McMains declared the hearing ope~. No one in the audience wishing to be heard either for or against the hearing, the Mayor declared the hearing closed. RESOLUTION No. 2214 - Directing Superintendent of Streets to proceed with work under the 1911 Act Offered by Councilman Smith, passed, adopted and approved by the following vote, to-wit: AYES:- C~uncilmen Smith, McMains, DeGraaf, ~enzel, McAllister NOES: None jsent: None PORT OF C(~IITTEE ON SPEEDWAY NOISE The Mayor directed the Clerk to read the Ninutes of the meeting of March 20th pertaining to a report by the Committee on speedway noise. Mayor McMains, speaking as one of the C~ittee, stated there seemed to be no way the matter could be compromised. Mr. Hurlbut stated the SeaVale group had not been offered a compromise of any kind by operators of the Speedway in Sweetwater Valley. City Attorney Kugler stated that the following alternatives were available for the people: (1) The property owners could sign a complaint charging disturbance of the peace. (2)The Council could decide whether it wishes to direct the City Attorney to So ~to Court and determine if it is a public nuisance. (3)T~. property owners could go to court and ask that it be declared a private or pUblic nuisance. (4) The COuncil could ~ndeavor to design an Ordinance to control the Midgetnoise.Racer The matter was turned o~er~ to the City Administrator and City Planner for study, and a report at the next meetSng. Councilman Smith asked that someone be delegated to find out what percentage df Chula Vista residents are participating in the midget racing. RESOLUTION No. 2215 ,- G(ving notice of proposed Milgen & Kipp Annexation Offered by Councilman McAllister, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen McAllister, Smith, McMains, DeGraaf, Menzel Noes: None Absent: None RESOLUTION No. 2216- Giving notice of proposed Morris Annexation No. 2 Offered by Councilman DeGraaf, passed, adopted and approved by the following vote, towit: AYES: Councilmen DeGraaf, Menzel, McAllister, Smith, McMains Noes: None Absent: None RESOLUTION No. 2217- Approving agreement with Naval District on Vista Square Offered by Councilman Smith, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen Smith, McMains, DeGraaf, Menzel, McAllister Noes: None Absent: None PdiSOLUTION No. 2218- Accepting Drainage Easement - Casey Offered by Councilman Smith, passed, adopted and approved by the following VOte, to-wit: AYES: Councilmen Smith, McMains, DeGraaf, Menzel, McAllister Noes: None Absent: None RESOLU~.ION No. 2219- Intention to vacate and close portion of alley (Rosebank) Oftered by Councilman Menzel, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen Menzel, McAllister, Smith, McMains, DeGraaf Noes: None Absent: None RESOLUTION No. 2220-Approving agreement for maintenance of County Road Markers Offered by Councilman Smith, passed, adopted and approved by the following~ vote, to-wit: AYES: Councilmen Smith, Mc. Mains, DeGraaf, Menzel, McAllister Noes: None Absent: None APPOINTMENT OF HEMBER TO PLANNING C(~4ISSlON Councilman Smith nominated William Guyer and Councilman DeGraaf nominated E. Allen Comstock for membership on the Planning Commission. It was moved by Council- man Menzel, seconded by Councilman Smith, and carried, that the neminations be closed. A ballot was taken with a,majority of the votes going to William ~uyer. Mayor McMains thereupon appointed William Guyer a member of the Planning C--lesion to fill the unexpired term of Edgar B. Culrmn, said term to expire June 30, 1962. /APPOINTMENT OF MEHBER TO THE HARBOR CC~IlSSION Councilman McAllister nominated Dan Lawson; Councilman Smith nominated ~ Ken Brown; Councilman De~raaf nominated Herman Schmedding; Councilman Menzel nominated Gordon Hobel to fill vacancies on the Harbor Commission. It was moved by Councilman Menzel, seconded by Oouncilman Smith. and carried that the nominations be closed. A ballot was taken, with Mr. Ken Bream receiving a majority of the votes and Hr. Cordon Robel receiv$1g the next highek~ nember of votes. Mayor McMains thereupon appointed Ken Brown to fill the unexpired term of Don Stocker, said term to expire June 30, 1960, and Cordon Hobel to fill the unexpired term of Lewis Johnson, said term to expire June 30, 1960. APPOINTMENT OF HEMBERTO THE PARKA ND RECREATION C(~ilSSION ~he name of Robert Geyer was submitted by the Park and Recreation Commission and Jack Yamasata was nominated by Councilman DeGraaf for appointment as a member of the Park and Recreation C~...ission. It was moved by Councilman Menzel, seconded by Councilman DeGraaf, and carried, that the nominations be closed. A ballot was taken with Robert Geyer receiving a majority of the votes. Mayor McMaine thereupon appointed Robert Geyer a membee of the Park and Recreation Co~ission to fill the unexpired term of Chester DeVote, said term to expire June 30, 1961. REQUEST FOR ADDITIONAL IAND BY BOYS' CLUB A letter was read item the City Administrator outlining the pros and cons involved re~rding the leasing of additional land in Vista Square, as requested by the Boys' Club. A letter was read from the Park and Recreation C,-.=.~sion urging that any land set aside in Vista Square for the purpose of a ball diamond be subject to scheduling through the Recreation Department. -3- Joseph Carpenito, Lloyd Lee, S. B. Houser, and William Eckhart expounded on the dire need of the Boys' Club for the additional area, and urged the Council to consider favorably the leasing of ~ore land in Vista Square to the Boys' Club. Mayor Hc2tsins stated he was in favor of continuing the Steering Co~ittee set up by Nayor Menzel, and su~ested that the request of the Boys' Club for additinnal land be referred to the C~ittee /or study and report. ~A~.(~iENDATIONS OF THE PIAM~ING C(~IlSSlON O~ REZONING A resolution was read fro~ the Planning Co~ission reco-~--endlng that the property on the South side of G. Street between S~ith Avenue and Broad.ay, and the North side of G. Street for the same distance be rezoned. It was ~oved by Councilman Nenzel, seconded by Councilman DeGraaf, and carried, that M~y 12th at 7:00 P.M. be set as the ti~e for a public hearing on the rezoning as rec~m~nded by the Planning Co~mission in their Res&lutions Nos. 115 and 116. / ~0CCOINGOF A~.MINISTRATION BUII2)ING IN VISTA SQUARE AUTHORIZED It was moved by Councilamn Menzel, seconded by Councilman Smith, and carried, that the City Ad~inistrator i~w directed to proceed with the restuccoing the Administration Building in Vista Square at an estimated cost of fro~ $3000. to $3500., money being available in the budget for this purpose. /"ATToRnEY GRANTED PERMISSION TO GET INJUNCTIO~ ON BOAT OI4NER Upon inquiry of City Attorney Kugler, it us moved by Councilman l~llister, seconded by Council~n Smith, and carried, that the City Attorney be directed to obtain /~n injunction right after the 26th o£ Nay against the owner of the boat now beached _ the City tidelands. CIVIL SERVICE REC(~I~)ATIONS - Assistant Planner A letter was read fro~ the Civil Service C~m~ission recommending that Section 12 of Rule 2 of the Civil Service Rules be amended by addinE Class No. B3- Assistant Planner at Salary Range 28. It was moved by Councilman Menzel, seconded by Councilman McAllister, and carried, that the recommendations of the Civil Service Commission to add Class Assistant Planner at Salary Range 28 to Section 12 of Rule 2 of the Civil Service Rules, be approved. / BII)S ON VISTA SQUARE BUILDINGS City Administrator Fulwiler reported that the purchaser o£ the two-story buildings in Vista Square was unable to constmmte his contract with the City for removal of the buildings, and asked ii he should readvertise for bids. It was moved by Councilman Smith, seconded by Councilman tcAllistcr, and carried, that the City Administrator be directed to readvertise for bids on the two-story buildings to be vacated in Vista Square. ADJOURI~iENT Nayor McNains adjourned the meeting at lO:&5 P.M. to April 21, 1959 at 4:00 P.M. City Clerk