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HomeMy WebLinkAboutcc min 1965/09/21 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday September 21, 1965 A regular meeting of the City Council was held in the Council Chambers on the above date at 7:00 P.M. with the following Councilmen present: Councilmen McMains, McAtlister, Anderson, McCorquodale, Sparling Absent: None Also present: City Engineer Cole, City Attorney Lindberg, Administrative Officer Ross, Director of Planning Warren, Assistant Administra- tive Officer Stenberg Mayor Anderson led the pledge of allegiance to the Flag. Invocation was given by Rev. Robert L. Jones of the First Christian Church. APPROVAL OF COUNCIL MINUTES It was moved by Councilman Sparling, seconded by Councilman McAllister, and carried that the minutes for the Council meeting of September 14 be approved, copies having been sent to each Councilman. PUBLIC HEARING - Proposed amendment to Subdivision Ordinance requiring under- grounding of public utility facilities in new subdivisions This being the time and place, as advertised, for a hearing on the pro- posed Subdivision Ordinance amendment which would require undergrounding of pub- lic utility facilities in new subdivisions, Mayor Anderson declared the hearing open. Mr. Robert Miles~ requested that the Council give more study to the matter before amending the ordinance, especially to the practicality and feasibility of undergrounding the utilities. Mr. Frank Ferreira concurred with the statements of Mr. Miles and suggested that eventually all established utili- ties should be undergrounded. Mr. Frank DeVore, representing the San Diego Gas & Electric Company, stated that as far as the company is concerned, the proposed ordinance is satis- factory but recommended that the word "distribution" be left in the ordinance as it pertains to lines to be undergrounded. Ne also suggested that the word "transmission" be omitted from Section 28.6.1(C)1. There being no others wishing to be heard and the Clerk having received no written communications, the Mayor declared the hearing closed. City Attorney Lindberg recommended that the word "distribution" be re-inserted in the ordi- nance in the second and third lines of sub-paragraph (a) and the second line of sub-paragraph (b), and the word "transmission" be deleted from Section 28.6.1(C)1. ORDINANCE NO. 956 - Amending Subdivision Ordinance requiring undergrounding of public utility facilities in mmw subdivisions - First reading It was moved by Councilman Sparling, seconded by Councilman McMains, and carried that Ordinance No. 956 be placed on its first reading and that read- ing of the text be waived° It was moved by Councilman McCorquodale that the matter be tabled for one week. Motion died for lack of a second. AYES: Noes: Absent: The original motion carried by the following vote, to-wit: Councilmen Sparling, McMains, McAllister, Anderson, McCorquodale None ~ None PUBLIC HEARING - Intention to vacate a portion of Moss Street between Alpine Avenue and Naples Street This being the time and place, as advertised, for a public hearing on the proposed vacation of a portion of Moss Street between Alpine Avenue and Naples Street, Mayor Anderson declared the hearing open. Mr. Leslie B. Rice spoke in opposition to the closing and submitted petitions reported to have been signed by 400 citizens opposing the closing of Moss Street. Attorney DeWitt Higgs, representing Mr. Frank Ferreira, asked that the recommendations of the Staff, Planning Commission and Safety Council be con- sidered by the Council. The findings of the Planning Cormnission were read to the Council. City Planner Warren and City Engineer Cole gave reasons why the Staff advocates the vacation of Moss Street. Mr. Cole gave the results of a traffic count on Naples Street and Moss Street at the location in question. Others speaking in opposi- tion to the closing of Moss Street were Mr. Phillip Schalge, Mr. David Jordan and Mr. Kenneth Anderson. Mr. Frank Ferreira urged that the Council follow the recormnendations of the Staff~ Safety Council and Planning Commission and vacate the street. Mrs. Robert Murphy asked if the City would have taken action to vacate Moss Street if a request to develop adjoining property had not been made. Ad- ministrative Officer Ross answered in the affirmative. Letters of opposition to the closing were read from Esther N. McMahan and Mrs. Kathryn Moore. No others wishing to be heard and the Clerk having no more written communications, the Mayor declared the hearing closed. It was moved by Councilman Sparling, seconded by Councilman McCorquodale, and carried that the request for the closing of Moss Street be denied. Council- men McMains and McAllister voted no. PUBLIC HEARING - Intention to sell surplus City property This being the time and place, am advertised, for a public hearing on the intention to sell two surplus City properties located (Parcel 1) at the northwest corner of Third Avenue and Kimball Terrace, and (Parcel 2) at the northwest corner of Third Avenue Extension and Third Avenue, Mayor Anderson declared the hearing open. Mr. Frank Ferreira suggested that the City retain the properties for parks. No others wishing to be heard, and the Clerk having received no written communications, the Mayor declared the hearing closed. After discussion, it was moved by Councilman Sparling and seconded by Councilman McCorquodale that the City Attorney be directed to prepare the neces- sary resolution authorizing call for bids at minimum bid prices. The motion failed with Councilmen McMains, McAllister and Anderson voting no. It was moved by Councilman McAllister, seconded by Councilman McMains, and carried that action on the selling of the surplus property be held over one week in order that the Planning staff may make a plat showing uses and setbacks on the property involved. ORDINANCE NO. 952 - Establishing permanent zoning and setbacks for certain properties now interim zoned - Second reading It was moved by Councilman Sparling, seconded by Councilman McMains, and carried that Ordinance No. 952 be placed on its second readings that reading of the text be waived and the ordinance adopted. The motion carried by the follow- ing vote~ to-wit: AYES: Councilmen Sparling, McMains, McAllister, Anderson, McCorquodale Noes: None Absent: None ORDINANCE NO. 953 - Approving rezoning at northeast corner of Fifth Avenue and "H" Street from R-3 to C-1-D - Second reading It was moved by Councilman McMains, seconded by Councilman McAllister, and carried that Ordinance No. 953 be placed on its second reading, that reading of the text be waived and the ordinance adopted. The motion carried by the fol- lowing vote, to-wit: AYES: Councilmen McMains, McAlliste~ Anderson, McCorquodale, Sparling Noes: None Absent: None ORDINANCE NO. 954 - Regulating food vending vehicles and food handler registra- tion cards - Second reading It was moved by Councilman Sparling, seconded by Councilman McCorquodale, and carried that Ordinance No. 954 be placed on its second reading, that reading of the text be waived and the ordinance adopted. The motion carried by the fol- lowing vote, to-wit: AYES: Councilmen Sparling, McMains, McAllister, Anderson, McCorquodale Noes: None Absent: None ORDINANCE NO. 955 - Relating to the regulation of traffic on public streets and highways and providing for the installation and fees of parking meters and parking meter zones - Second reading It was moved by Councilman McAllister, seconded by Councilman Sparling, and carried that Ordinance No. 955 be placed on its second reading, that reading of the text be waived and the ordinance adopted. The motion carried by the fol- lowing vote, to-wit: AYES: Councilmen McAllister, Anderson, McCorquodale, Sparling, McMains Noes: None Absent: None CITY CLERK'S CERTIFICATE OF RESULTS OF CANVASS OF BOND ELECTION RETURNS "I, KENNETH P. CAMPBELL, City Clerk of the City of Chuta Vista, California, DO HEREBY CERTIFY, that on September 21~ 1965, at the hour of 8:00 A.M., a canvass board, duly appointed by the City Council of the City of Chula Vista by their Resolution No. 3817, adopted August 10, 1965, pursuant to provisions of Ordinance No. 892, met and canvassed the returns for the Special Recreation Bond Election held September 14, 1965. "The board so appointed consisted of the following members: Kenneth P. Campbell, Helen A. Kennedy, Timora M. Williams, Helen Jorgensen, Beth Rowell, Ester McMahan, alternate, Lillian B. Butcher, alternate. "Results of the canvass are as follows: Total 'Yes' votes 5284 Total 'No' votes 1817 Total Votes Cast 7101 "DATED: September 21, 1965 (signed) Kenneth Campbell, City Clerk" RESOLUTION NO. 3852 - Declaring the result of the canvass of election returns of Special Bond Election held in Chula Vista on September 14, 1965 "The City Council of the City of Chula Vista, California, DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: "Section 1. That a special bond election was duly called and regularly held in said city on the 14th day of September, 1965, at which election there was submitted to the qualified voters of said city the following proposition, to wit: "BOND PROPOSITION: Shall the City of Chula ViB~a incur a bonded indebtedness in the principal sum of $895,000 for the purpose of the acquisition and construction of a certain municipal improvement, to wit: the acquisition of sites and facilities for a municipal golf course and recreational fa- cilities~nd the acquisition and construc- tion of additions to and improvements of said facilities, together with all lands, easements, or other property necessary therefor? "Section 2. That the returns of said election have been duly and regularly canvassed by this City Council as provided by law, and all absentee ballots, if any, returned have been can- vassed as provided by law. "Section 3. That the votes cast in the precincts estab- lished for said election upon said proposition and for and against said propositions the absentee votes, if any, cast upon said proposition and for and against said proposition, and the total votes cast at said election for and against said proposition and upon said proposition are as follows: PRECINCT YES NO TOTAL PRECINCT YES NO TOTAL VOTES VOTES CAST CAST 1 71 33 104 26 121 43 164 2 44 30 74 27 131 40 171 3 83 44 127 28 129 55 184 4 38 21 59 29 102 27 129 5 138 60 198 30 116 40 156 6 122 45 167 31 51 22 73 7 113 60 173 32 92 22 114 8 160 41 201 33 140 57 197 9 107 38 145 34 161 30 191 10 66 32 :98 35 142 41 183 11 31 16 47 36 181 53 234 12 82 43 125 37 190 58 248 13 132 59 191 38 235 35 270 14 137 38 1~5 39 125 22 147 15 107 59 166 40 98 26 124 16 82 38 120 41 111 42 153 17 102 30 132 42 112 25 137 18 146 32 178 43 135 25 160 19 48 17 65 44 108 30 138 20 48 19 67 45 47 24 71 21 111 35 146 46 128 44 172 22 107 54 161 47 77 44 121 23 136 50 186 48 74 32 106 24 76 14 90 49 35 13 48 25 134 54 188 Absentee 22 5 27 Ballots TOTALS 5284 1817 7101 "Section 4. That the votes of more than two-thirds of all the voters voting at said election upon said bond proposition were cast in favor of the adoption of said bond proposition, and said bond proposition is hereby declared to be carried, and this City Council is authorized to issue bonds for the purpose stated therein as provided by law. "Section 5. That the City Clerk of this City is hereby directed to enter this resolution in full in the minutes of this City Council, which entry shall constitute the City Clerk's statement of the result of the election. 1965. "ADOPTED, SIGNED AND APPROVED this 21st day of September, (signed) Eleanor Anderson Mayor of the City of Chula Vista, California "ATTESTf (signed) Kenneth Campbell City Clerk of the City of Chula Vista, California "STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) "I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular me,ting of said City Council held on the 21st day of September, 1965, and that it was so adopted as follows: AYES: Councilmen McCorquodale, Sparling, McMains, McAllister, Anderson NOES: Councilmen None ABSENT: Councilmen None (signed) Kenneth Campbell City Clerk of the City of Chula Vista, California" Offered by Councilman McCorquodale. RESOLUTION NO. 3853 - Approving Planning Con~nission action granting conditional use permit to First Free Will Baptist Church for church site at 644 "G" Street A letter was read from Gayle G. Fick opposing the granting of this con- ditional use permit. Resolution offered by Councilman Sparling, subject to all recommenda- tions of the Planning Commission, passed and adopted by the following vote, to-wit: AYES: Councilmen Sparling, McMains, McAllister, Anderson, McCorquodale Noes: None Absent: None ~/REGULATION AND RESTRICTION OF PARKING - "E" Street for left-turn storage lanes at Third and Fourth Avenue intersections City Engineer Cole showed a plat of the proposed left-turn storage lanes for traffic at Third Avenue and Fourth Avenue intersections. The plat showed the parking spaces on "E" Street which would have to be eliminated in order to accommodate t~ storage lanes. Mr. Robert Miles, Robert Pettit and Gladys Irwin, property owners and business operators on "E" Street~ objected to losing the parking in front of their establishments. It was moved by Councilman Sparling, seconded by Councilman McMains~ and carried that the Engineering staff be directed to study the matter further in the hopes of devising a plan whereby the parking spaces on "E" Street can be retained. RESOLUTION NO. 3854 - Renaming Eucalyptus Park to General Roca Park Offered vote, to-wit: AYES: Noes: Absent: by Councilman Sparling, passed and adopted by the following Councilmen Sparling, McMains, McAllister, Anderson, McCorquodale None None RESOLUTION NO. Offered vote~ to-wit: AYES: Noes: Absent: 3855 - Accepting bids, awarding contract for public address system for Council Chamber by Councilman Sparling, passed and adopted by the following Councilmen Sparling, McMains, McAllister, Anderson, McCorquodale None None RESOLUTION NO. 3856 - Appropriating funds for Fire Science course Offered by Councilman McAllister, passed and adopted by the following vote, to-wit: AYES: Councilmen McAllister, Anderson, McCorquodale, Sparling, McMains Noes: None Absent: None EXTENSION OF TllME GRANTED FOR COMPLETION OF TRAFFIC SIGNAL INSTALLATION - Fourth Avenue and "L" Street Upon the recommendation of the Engineering Division, it was moved by Councilman McAllister, seconded by Councilman Sparling, and carried that Ets- Hokin and Galvan Electric Company be granted a fifteen-day extension of time to complete the installation of traffic signals and luminaires at the intersec- tion of Fourth Avenue and "L" Street. .EXTENSION OF TIME GRANTED FOR COMPLETION OF TRAFFIC SIGNAL INSTALLATION - Fifth Avenue and "E" Street Upon the recommendation of the Engineering Division, it was moved by Councilman Sparling, seconded by Councilman McCorquodale, and carried that the American Electric Contracting Company be granted a fifteen-day extension of time Go Complete the installation of traffic signals and luminaires at the inter- section of Fifth Avenue and "E" Street. EXTENSION OF TIME GRANTED FOR COMPLETION OF TENNIS COURTS Upon the recommendation of the Engineering Division, it was moved by Councilman McCorquedale, seconded by Councilman Sparling, and carried that Glenn Gilbert be granted an extension of forty days' time in which to complete the in- stallation of tennis courts in General Roca Park. FEES WAIVED FOR ROHR HALLOWEEN CARNIVAL Upon the recommendation of Administrative Officer Ross, it was moved by Councilman Sparling, seconded by Councilman McMains, and carried that the license fee and bond requirements be waived for the Halloween Carnival to be conducted on Rohr property by the Rohr Employees Recreational Club. DISCUSSION ON FIRST AVENUE EXTENSION City Engineer Cole reviewed his written report on the feasibility of ex- tending First Avenue to Edgemere Road in Sweetwater Valley. Two alternate align- ments were considered in the report with the estimated cost of Alternate (A) being placed at $70,560.00 and Alternate (B) at $77,880.00. Because of the pre- dominantly local benefit of the contemplated extension~ it was the reco~m~enda- tion of the Engineering Division that the cost of extending First Avenue into the valley be borne by abutting property owners. It was moved by Councilman McMains, seconded by Councilman Sparling, and carried that the matter be referred to the Planning Commission for a reco~nenda- tion on the proper alignment of First Avenue extension. DISCUSSION ON FOURTH AVENUE STORM DRAIN SYSTEM City Engineer Cole showed a transparency of the storm drain system that will be required to take care of the drainage problem on Fourth Avenue between "H" and "I" Streets. It was his recommendation that the storm drain system be installed in conjunction with the widening of Fourth Avenue from "H" to "L" Streets in order to take advantage of Gas Tax funds and prevent the tearing up of Fourth Avenue in the future to install the drain. Estimated cost of the project is $44,000.00, $19,200.00 of which can be borne by Gas Tax funds. It was moved by Councilman McCorquodale, seconded by Councilman McMains, and carried that the City Engineer be authorized to proceed with the inclusion of the drainage project with the Fourth Avenue widening project. REQUEST FOR CROSSWALKS AT FIRST AVENUE AND "I" STREET A letter was read from Mrs. Vernon Jumper, requesting that crosswalks be painted at the intersection of First Avenue and "I" Street. Referred to Administrative Officer Ross. REQUEST FOR IMPROVEMENT OF "R" STREET EAST OF THIRD AVENUE A letter was read from Ray Stinnett, requesting that the City take steps to widen and extend "H" Street to Hilltop Drive. Referred to Administrative Officer Ross for report back. ~z. z REQUEST FOR RELIEF FROM FRANCHISE TAX A letter was read from Gene Holmes, Vice President and General Manager of the San Diego Transit System, requesting that the Council take action to grant them relief from the franchise tax charged on their annual gross receipts. Re- ferred to Administrative Officer Ross. ~~,~REQUEST FOR EXTENSION OF TIME FOR COMPLETION OF IMPROVEMENTS IN PRINCESS MANOR UNIT NO. 2 A letter was read from Princess ~ark Estates, Inc., requesting that the Council grant them an extension of time for a period of 180 days for completion of the improvements in Princess Manor Unit No. 2. It was moved by Councilman Sparling, seconded by Councilman McMains, and carried that the City Attorney be directed to prepare for the next meeting a resolution granting the firm an ex- tension of 60 days~ .~EQUEST FOR DEFERRAL OF IMPROVEMENTS - Princess Park Estates, Inc. A letter was read frgm Princess Park Estates, Inc., petitioning the Coun- cil to amend their improvement agreement with the City, dated December 11, 1964 (Resolution No. 3591), whereby the requirement for improvements shall be elimi- nated in that portion of Melrose Avenue extending from the southerly boundary of Princess Manor Unit No. 3 to the existing Main Street, and also that a new improvement agreement and new bond be executed relative only to the improvements in that portion of Melrose Avenue described above and that said new improvement agreement and bond shall be for the term of one year from the date of said agree- ment. Referred to Administrative Officer Ross. INQUIRY AS TO ZONING AND SETBACKS ON PROPERTY BOUNDED BY MOSS, ALPINE AND NAPLES STREETS Councilman McCorquodale asked what the zoning is and what the setbacks are on the property bounded by Moss Street, Naples Street and Alpine Avenue. City Planner Warren~stated that the zoning was R-1 and the setbacks are twenty- five feet all the way around. COUNCIL CONFERENCE SET Mayor Anderson set a Council Conference for Monday, September 27~ at 3:30 P.M. to discuss the proposed acquisition of property for police facilities. QUESTION ON LEGALITY OF COUNCILMEN VOTING "NO" FOR PUBLIC HEARING Mr. Frank Ferreira asked the City Attorney the validity and legality of a Councilman voting "no" to deny a taxpayer the right to a public hearing. City Attorney Lindberg stated that if Mr. Ferreira was refemring to the resolution setting the vacation of Moss Street for a hearing, he could see no illegality in a Councilman casting a "no" vote. p~'REQUEST FOR APPROPRIATION FOR TREES Mr. Ntek Slijk stated that inasmuch as all the trees would be taken out on Fourth Avenue from "H" to "L" Streets due to the widening of Fourth Avenue, it might be wise to appropriate funds now for replanting of trees on the avenue. Administrative Officer Ross stated that remaining parking strips, after the wid- ening of the street, would not be wide enough for the planting of trees but that an attempt is being made to obtain tree planting easements. ADJOURNMENT Mayor Anderson adjourned the meeting at 10:10 P.M. sine die. City Clerk