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HomeMy WebLinkAboutcc min 1961/04/11 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF Chula Vista, California Held Tuesday April 11~ 1961 The Council met An the Council Chambers at the City Hall on the above date at 7:00 P.M. with the following Councilmen present: Councilmen McMains, Smith, McAllister, DeGraaf, Menzel Absent: None Also present: City Attorney Boyer, City Administrator Fulwiler, City Planner Fretz Mayor McAllister led the pledge of allegiance to the Flag, and asked for a moment of prayer° Statement: The City Clerk hereby states that he did post within 24 hours of adjournment, as provided by law, the order of adjournment of the City Council for the regular meeting of April 11, 1961 APPROVAL OF COUNCIL MINUTES It was moved by Councilman McMains, seconded by Councilman DeGraaf and carried, that the Minutes for the Council meetings of March 14, 21, 28, and April 4th be approved, subject to the word ~annexation" being deleted and the word 'rezbning" being inserted in the item pertaining to the public hearing on the rezoning of property at the rear of 320 Broadway for the meeting of April 4th. APPOINTMENT OF CITY ATTORNEY It was moved by Councilman Menzel, seconded by Councilman McMains and carried, that Albert C. Boyer be appointed City Attorney. ~REpoRT ON INSUFFICIENCY OF PETITION FOR PARKING DISTRICT No. 1 The Clerk submitted his certificate certifying that the petition for the formation of Parking District No. i was not sufficient, not having been signed by the requisite number of signers. City Attorney Boyer sta~ed that there was no action to be taken by the Council at this time. It was his opinion that it was mandatory that the proponents of the District be given an additional three months to obtain additional signatures. Mr. Steiner, owner of property on Church Avenue went on record as being of the opinion additional petitions could be circulated only on permission of the Council. Mr. Joseph Carpenito, Chairman of the Downtown Association Parking Program Committee, acknowledged the insufficiency of the petition, and urged that the Council grant time to obtain supplemental petitions. Mr. Carpenito submitted letters from three property owners who had improperly signed the petition, stating they would re-sign the petition correctly, thus giving the necessary majority required for the Council to act. It was moved by Councilman DeGraaf, seconded by Councilman Menzel and carried, that the Council abide by the decision of the City Attorney that the proponents may have an additional three months from this date to circulate supplemental petitions, and take no further action at this time. RESOLUTION No. 2591- Directing City Attorney to answer the petition for writ of mandate Offered by Councilman McMains, passed, adopted, and approved by the following vote, to-wit: AYES: Councilmen McMains, Smith, McAllister, Menzel Noes: Councilman DeGraaf Absent: None OPPOSITION A~D SUPPORT OF ASSEMBLY AND SENATE BILLS It was moved by Councilman Smith~ seconded by Councilman DeGraaf and carried, that the Council go on record as being in favor of Senate Bill No. 1031. (municipal liability-Restoration of governmental immunity)° It was moved by Councilman Menzel, seconded by Councilman Smith and carried, that the Council go on record as being in favor of Constitutional Amendment No. 26 (In lieu tax on phone companies) It was moved by Councilman Smith~ seconded by Councilman Menzel and carried, that the Council go on record'as being in favor of Assembly Bill No. 1705e (Utility Use Tax exempties). It was moved by Councilman DeGraaf, seconded by Councilman Smith and carried, that the Council go on record as being opposed to Assembly Bill No. 391. (Tax exemption- personal property). It was moved by Councilman Smith, seconded by Councilman DeGraaf and carried, that the Council go.on record as being opposed to both Assembly Bills Nos. 1638 and 1990. (Reductions in delinquent penalties on motor vehicle license fees). ,J'~RESIGNATION OF CITY ATI~RNEY A letter was read from City Attorney Kugler tendering his resignation as of March 31, 1961. It was moved by Council- man Smith, secondea by Councilman Menzel and carried, that the resigna- tion be accepted, and that a letter of appreciation be written Mr. Kugler ~r his service to the Cityo~ ~//COMPLETION DATE EXTENDED ON THIRD AVENUE S~X)RM DRAIN PROJECT ~ letter was read from Pace Contruction Co. requesting an extension of thirty days time for completion of the Third Ave. storm drain project from "F" St. to Parkway. It was moved by Councilman McMains, seconded by Councilman Menzel and carried, that an extension of thirty days be granted as requested. ~jPETITION FOR~EWER A petition was read from property owners requesting that the City extend the sewer On the East side of Third Ave. from Naples Ave. North to the County linee It was moved bY Councilman McMains, seconded by Councilman Smith and carried, that the City Administrator take the necessary action to ~et the project started. ~//PARKIN~ PROBLEM ON THI~DAVENUE BETWEEN *'G't STREET AND MADRONA ST. Councilman Smith stated b~siness men had approached him on the p~rking problem on the East side of Third Ave. between *tGi* St, and Ma~rena~St. - Parking is serieualy restricted due to a fire plug, drive- ways to service stations, loading zones, bus stops, etc. Councilman Smith was of th~ opinion the problem would be eased by relocating the fire plug. City Administrator Fulwiler was directed to make a study of the entire problem, including the possibility of using parking meter funds for mov- ing the fire plug, and make a report. Mayor McAllister reported that Albert Boyer, Keith Atherton, and DeWitt Higgs, Attorneys-at-law, had consented to screen apPlicant~for the position of City Attorney vacated by the resignation of ~rttorney Kugler. The Council suggested that the Chmmittee submit three'names to the Council for consideration. ADJOURNMENT 8:05 P.M. /It was moved by Councilman Menzel, seconded by Councilman DeGraaf and carried, that the meeting adjourn sine die. PLANNING COMMISSION RECOMMENDATION ON ZONE CHANGE - North side of '~H" St. between Smith Ave° & Fifth Ave° A letter was read from the Planning Commission recommending that the North side of "H" Sto from Smith Avee to Fifth Ave. be rezoned from ~ito R-3o It was moved by Councilman Menzel, seconded by Councilman DeGraaf and carried, that May 2nd at 7:00 P.M. be set as the time for a public hearing on the proposed zone change.  LANNING COMMISSION REPORT OF FINDINGS ON APPEAL OF Jo D, PETERS ON ZONE VARIANCE In answer to the appeal of Jo D. Peters to action of the Planning Commission in denying him a zone variance to sell nursery plants at 350 Third Ave., the report of findings from the Planning Commission was reade It was moved by Councilman ~mith that May 2nd be set as the date for a public hearinge The motion died for lack of a second. It was moved by Councilman DeGraaf, seconded by Councilman McMains and carried, that the findings of the Planning Commission be sustained and the appeal denied. The motion carried by the following vote, to-wit: AYES: Councilmen DeGraaf,Menzel,McMains,McAllister Noes: Councilman Smith Absent: None ORDINANCE No. 756 - Highland Annexation- Second reading It was moved by Councilman ¼cMains, seconded by Councilman DeGraaf and carried, that Ordinance No. 756 be placed on its second reading; that reading of the text be waived and the ordinance adopted~ The motion carried by the following vote~ to-wit: AYES: Councilmen ~cMains,Smtth,McAllister,DeGraaf,Menzel Noes: None Absent: None ORDINANCE No. 757 - Rezoning property at rear of 320 Broadway- second reading It was moved by Councilman DeGraaf, seconded by Councilman Menzel and carried, that Ordinance No. 757 be placed on its second reading; that reading of the text be waived and the ordinance adopted. The motion carried by the following vote, to-wit: AYES: Councilmen DeGraaf~Menzel,McMains,Smith,McAllister Noes: None Absent: None ORDINANCE No. 758- Rezoning property South of "H" St. West of Broadway- second reading It was moved by Councilman Smith, seconded by Councilman DeGraaf and carried, that Ordinance No. 758 be placed on its second reading; that reading of t he text be waived and the ordinance adopted. The motion carried by the following vote, to-wit: AYES: Councilmen Smith,McAllister,DeGraaf,Menzel,McMains Noes: None Absent: None RESOLUTION No. 2592-Accepting lien on property for street improvements (Rothschild) Offered by Councilman Smith, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen Smith,McAllister,DeGraaf,Menzel,McMains Noes: None Absent: None RESOLUTION No. 2593-Accepting sewer easement- (Brown-Miller) Offered by Councilman DeGraaf, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen DeGraaf,Menzel,McMains,Smith,McAllister Noes: None Absent: None -2- RESOLUTION NOo 2594- Accepting sewer easement (Lang) Offered by Councilman Menzel passed~ adopted and approved by the following vote, to-wit: AYES: Councilmen Menzel,McMains,Smith,McAllister~DeGraaf Noes: None · bssnt: None ~/~APPROPRIATION AUTHORIZED FOR WIDENING OF OYERPASSES It was moved by Councilman DeGraaf~ seconded by Councilman Smith and carried~ that $12~710.91 be appropriated from the reserve for capital development of the General Fund for payment on the widening of the Freeway overpass at "E" St. and "H" St. The motion carried by the follo~ ing vote, to-wit: AYES~ Councilmen DeGraaf,Menzel,McMains~Smith,McAllister Noes: None Absent: None ~j,,, COMPLETION DATE EXTENDED ON FIFTH AVE, ~ SEWER PROJECT At the request of Pace Construction Co. it was moved by Council- man McMains~ seconded by Councilman Smith and carriedj that an extension of five days be granted for the completion of the Fifth Ave. sewer project, ~/~ APPLICATION FOR CARDROOM LICENSE An application was read from Louis Be. Briggs for permission to operate a card room at 246 Broadway. The application was referred to the Chief of Police. ~///REQuEsT FOR DRAINAGE FACILITIES A letter was read from Rohr Aircraft Corp. requesting that the Council budget funds for the coming year for the construction of drainage facilities through the Rohr plant area. It was suggested that the City Administrator bring up the subject at the coming budget sessions. ~CARLSBAD REQUEST FOR SUPPORT OF BILL IN STATE LEGISLATURE A letter was read from the City Attorney of the City of Carl~bad urging that the Council go on record in support of a b~ll to be intreduced in the State Legislature by the City of Carlsbad, whereby the Agua Hedionda Creek would be declared an estuary navigable water.~ ~. ~ Mr. Oe ge Owen, Chief of right-of-way~ for the San Dielo Gas & Electric Co. owners of the Agua Hedionda Lagoon, explained in detail the position of the Gas Company in desiring to keep control of the Lagoon, and urged that the Council not endorse the Carlsbad request. It was moved by Councilman ecMains~ seconded by Councilman DeGraaf and carried~ that no action be taken. ASSEMBLY BILL No. 789 (Library bill) City Administrator Fulwiler reported he had received a letter from Assemblyman Schrade stating that the Assembly Bill No. 789 (library bill) was due to come before the Legislature~ and suggesting it might be wise to send a representative to Sacramento to represent the City. The Clerk was directed to place the matter on the agenda for the next meeting. WIDENING OF NAPLES STREET Mro James Hayden asked~has been made on the proposed widening of Naples St. East of Monserate Ave. City Administrator Fulwiler gave a progress report to date on the widening. POOR CONDITION OF 'F'i' STREET REPORTED Councilman McMains asked if some- thing could be done to improve the condition of 'F" St. from Fourth Ave, to Broadway, especially along the railway tracks. It was suggested the City Administrator contact the Railway Co. to see if they can do something to bring their right-of-way into a better state of repairs. -3- ~"SUBMISSION ON ONE NAME BY CITY ATTORNEY COMMITTEE SUGGESTED Councilman McMains suggested that perhaps it would be better if the Committee appointed to submit names of candidates for appointment to the position of City Attorney submit only one name instead of three. The Council was of the general opinion that it would be best if the C~mmittee submitted three nameso ~COUNTY CONTROL OF BROWN FIELD Councilman Mc~ains suggested that inasmuch as San Diego was not pushing the acquisition of Brown Field for a jet airport, but more for a general small craft airport, it might be wise if the Council went on record in favor of the County acquiring Brown Field. The Clerk was directed to place the item on the agenda for the next meeting. ~-~RAFFIC LIGHT REPORTED OUT OF ORDER Councilman ~mith reported a traffic stop light at the Southwest corner of Second Ave. and "E" St. has not been working for some time. The City Administrator was directed to check the matter. ~AppROPRIATION AUTHORIZED FOR CITY SHARE OF REPRESENTATION OF GAS RATE CASE It was moved by Councilman Smith, seconded by Councilman Menzel and carried, that $134,20 be appropriated from the unappropriated surplus of the General Fund for payment of the City's share of the representation before the Public utilities Commission on the application of the San Diego Gas & Electric Co. for a rate increase. The motion carried by the following vote, to-wit: AYES: Councilmen Smith,McAllister~DeGraaf,Menzel,McMains Noes: None Absent: None SALARIES APPROVED FOR THREE LABORERS It was moved by Councilman Smith, seconded by Councilman Menzel and carried, that $13,608e be appropriated from the unappropriated surplus of the General Fund for paying the salaries of three laborers in the street depte the amount having been inadvertently left out of the 'budget. The motion carried by the following vote, to-wit: AYES: Councilmen Smith,McAllister,DeGraaf,Menzel,McMains Noes: None Absent: None Vi. STREET NUMBER CHANGES Councilman DeGraaf again stated that he was of the opinion the East-West street numbers should be changed. No action taken. MEETING ON PARK~ SCHOOL PROJECT It was announced that the Park-School Pilot project Committee has reached an agreement on a park plan, and would be meeting with the Board of Education on April 19th~ The Council was asked to be present at the meeting for the discussion. ADJOUP~MENT ~- 8:25 P.M. It was moved by Councilman Menzel, seconded by Councilman DeGraaf and carried, that the meeting adjourn until April 18th at 7:00 Ci~erk