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HomeMy WebLinkAboutcc min 1960/06/14 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA~ California Beld Tuesday __ Ju~e_l_~s 1960 The Council met in the Council Chambers at City Hall on the above date at 7:00 PoMo with the following Councilmen present: Councilmen McMains, Smith, McAllister, Menzel Absent: Councilman DeGraaf Also present: City Engineer Floyd~ City Attorney Kugler, City Administrator Fulwiler, Clty Planner Fretz, Director of Recreaction Jasinek, Chief Building Inspector Grady Mayor McAllister led the pledge of allegiance to the Flag~ and asked for a moment of prayer. The City Clerk hereby states that he did post within 24 hours of adjournment, as provided by laws the order of adjournment of the City Council for the regular meeting of June 14~ 1960. k/'~RESENTATION OF TROPHY TO MISS CBULA VISTA Mr. Gene Gosch~ Manager of the Chamber of Commerce introduced Don Diego as representative of the Southern California Exposition and Fair~ who extended an invitation to all to visit the Southern California Exposi- tion, and presented a trophy to Sandi Richard as Miss Chula Vista for 1960. /~AWARD PRESENTED TO COUNCILMAN McMAINS Mr. David Phair, on behalf of the Board of Directors of the Chamber of Commerces presented Councilman McMains with an award for his outstand- ing devotion and service to the City while serving as Mayor. APPROVAL OF COUNCIL MINUTES It was moved by Councilman McMains, seconded by Councilman Menzel and carrieds that the Minutes for the Council meetings on May 10, 17s 24, and June 8th be approved copies having been sent to each Councilman. PROPOSED LOCATION OF ROUTE 241 A proposed resolution approving the proposed location of Route NOo241 was held over, and the matter referred to the Planning Commission for consideration. Councilman DeGraaf took his seat at the Council table at this time-7:15 P.Mo CIVIL DEFENSE ORGANIZATION APPROVED Councilman Smith expressed opposition to participating in the proposed County Civilian Defense Organization. It was his opinion it was the creating of another bureau and that our own police and police reserves were organized to cope with any emergencies that might arise, or in case of a diaster, the ~ilitary would move in. It was moved bP Councilman Smith that the City not enter into the County Civilian Defense Organization agreement. The motion died for lack of a second. It was moved by Councilman Menzels seconded by Councilman McMains, and carried, that the City enter into the Civilian Defense Organization agreement for a trial period of six months, the cost to be $2s031. The motion carried by the following votes to-wit: AYES: Councilmen Menzel~McMains,~cAllister Noes: Councilmen Smith~ DeGraaf Absent: None ~PROPOSEB AMENBMENT TO TRAILER PARK ORDINANCE (Cabanas) A letter was read from Gayle B. Fick~ owner of the Rose Arbor Mobile Lodge, voicing disapproval to section 7, subsection J of the proposed amendment to the Trailer Park Ordinance on the grounds that it would discriminate against fourteen licensed trailer parks in the City. Mr. Frank Mohaupt, owner of the Mohaupt Trailer Park, asked that a compromise rider be attached requiring a six foot clearance between all trailers and buildings in existing trailer parks. Chief Building Inspector Grady stated if Mr. Mohaupt's compromise ~s approved~ that provisions should include a maximum space coverage section° City Attorney Kugler suggested that as long as the proposed amendment was to be changed again, it would be well to clarify the ordinance b~ eliminating reference to a permit that is no longer required due to former action of the Council. Chief Building Inspector Grady was directed to get together with the trailer park people and the City Attorney for redrafting of the proposed amendment for submission to the Council at their next meeting. APPEAL TO ACTION OF PLANNING CO~ISSION IN DENYING SERVICE STATION AT THIRD AVENUE AND Lo STREET A letter was read from A. Jo Westenborg, Agent for ~ichfield 0il Co. appealing the action of the Planning Commission in denying them to construct a service station on property at the Northwest corner of Third Avenue and L. Street, a C-1 zone. City Attorney Kugler stated that the provision in the Ordinance which permits the Planning Commission by special permission to allow a service station in a C-1 zone was invalid because the ordinance failed to set forth any standards to guide the Planning Commission. The City Attorney stated that the prior City Attorney~ Mr. Albert Co Boyer~ stated that the said provision was invalid~ and that he was in accord with Mr. Boyerts opinion° Further~ Mr. Kugler stated that the O11 Company could apply for a rezoning~ also that there would be an amendment to the Ordinance before the Planning Commission allowing service stations in C-1 zones under a conditional use permit. Mr. Charles Brown urged the Council to grant permission to build the service station in a C-1 zone~ as it would be consistent with past action under the existing ordinance° It was moved by Councilman Smith~ seconded by Councilman McMains~ and carried~ that the Richfield Oil Company be granted permission to erect a service station at the Northwest corner of Third Avenue and Lo Street in a C-1 zone~ and that the City Attorney be directed to draft an amendment to the Ordinance° The motion carried by the following vote~ to-wit: AYES: Councilmen Smith~ McAllister, McMains Noes: Councilmen DeGraaf~ Menzel Absent: None RESOLUTION No. 2461- Approving Recreation Agreement with School Districts Offered by Councilman McMains~ passed, adopted and approved by the following vote, to-wit: AYES: Councilmen McMains, Smith~McAllister~DeGraaf~Menzel Noes: None Absent: None REQUEST TO MOVE TWO DUPLEXES INTO CITY A request was made from Willis Richardson to move two duplex build- ings from San Diego to the 1100 block on Trenton Avenue. It was moved by Councilman McMains, seconded by Councilman Menzel~ and carried, that the request be granted subject to compliance with all the recommendations of the Building Inspector necessary to bring the duplexes up to code standards. REQUEST TO MOVE DWELLING WITHIN CITY A request was received from A.B. Ellington to move a residence from 737 Third Avenue to 622 Elder Drive within the City. It was moved by Councilman Menzel, seconded by Councilman DeGraaf, and carried, that the request be granted subject to compliance with all the recommendations of the Building Inspector necessary to bring the dwelling up to code, and further providing the front exterior is brought into harmony with residences in the surrounding area. -2- ~PAYMENT OF CALIFORNIA WATEH & TELEPHONE BILL DENIED City Administrator Fulwiler stated that after having met with representatives of the California Water & Telephone Coo, the City Attorney, and City Engineer for a discussion on liability of the City to pay costs of relocating water mains~ it was his recommendation that the bill presented by the Company in the amount of $1,213o87 for work done at the intersection of Broadway and "I" Street be paid. Mr° Fulwiler reviewed the 1953 agreement by the City with the Water Company pertaining to the sharing of costs in the relocation of water mains. City Attorney Kugler informed the Council that the bill was received under the existing contract with the California Water & Telephone Co° It was moved by Councilman Smith, seconded by Councilman McMains and carried~ that payment of the bill be denied. The motion carried by the following vote, to-wit: AYES: Councilmen Smith~McAllister~DeGraaf~McMains Noes: Councilman Menzel Absent: None ~/~PLANNING COMMISSION RECOMMENDATION - Interim zoning-Cresta Way Annexation A letter was read from the Planning Commission recommending that the land within the Cresta Way Annexation be interim zoned R-1-B-20o July 12th at 7:00 PoM. was set as the time for a public hearing on the matter° COMMITTEE REPORT ON PARK-SCHOOL PILOT PROJECT William Rathmann, member of the Park & Recreation Commission reviewed the report of the study Committee on the feasibility of joint City-School Land acquisition for initiating a Park-School Pilot Project. It was moved by Councilman DeGraaf, seconded by Councilman Menze~ a~d carried, that the report and its recommendations be accepted. ~// AWARDING BID ON HIGHLAND AVENUE SEWER PROJECT City Engineer Floyd reported four bids were received on the proposed Highland Avenue Sewer project, the low bid being that of V°R. Dennis in the amount of $8~103o05. City share of the bid is $3,795.30 after payment by The Truesdale Corp. and Pacific TeleRhone & Telegraph Co° ~t was moved by Councilman Smith, seconded by Councilman Menzel~ and carried~ that the low bid of VoR. Dennis Company be accepted and $3795.30 be appropriated from the unappropriated surplus of the sewer income fund. The motion carried by the following vote~ to-wit: AYES: Councilmen Smith,McAllister,DeGraaf,Menzel,McMains Noes: None Absent: None AWARDING BID ON SPRINKLER SYSTEM City Engineer Floyd reported four bids had been received for installa- tion of the Civic Center sprinkling system - the low bid being that of Purdy & Fitzpatrick, Inc. in the amount of $2,985.00 It was moved by Councilman Menzel, seconded by Councilman DeGraaf and carried, that the low bid be accepted, funds having already been budgeted for the project. ~/ BID AWARDED ON GEORGINA STREET SEWER PROJECT City Engineer Floyd reported having received five bids on the propose~ Georgina Street Sewer project - the low bid being that of the Pace Construction Company in the amount of $6,706.60. It was moved by Councilman McMains, seconded by Councilman Smith, and carried~ that the low bid o~ Pace Construction Co. be accepted and $6,706.60 be appropriated from the unappropriated surplus of the Sewer Income Fund, said amount to be repaid into the fund as properties connect to the sewer. The motion carried by the following vote, to-wit: AYES: Councilmen McMains~Smith,McAllister,DeGraaf,Menzel Noes: None Absent: None -3- ~,~/~PAYMENT OF BILL TO WATER COMPANY FOR NAPLES STREET WORK AUTHORIZED It was moved by Councilman DeGraaf, seconded by Councilman Menzel, and carried, that $1350, be appropriated from the unappropriated surplus of the General Fund for payment to the California Water & Telephone COo as one-half of the cost for lowering the water main on Naples Street. The motion carried by the following vote, to-wit: AYES: Councilmen DeGraaf, Menzel,McMains,McAllister Noes: Councilman Smith Absent: None ~.PAVING AUTHORIZED FOR INTERSECTION OF NAPLES & DIXON BRIVE City Engineer Floyd asked that permission be given to pave the inter- section of Naples & Dixon Drive, if two property owners in the County are willing to pay for shoulder paving, gutter and curb on the City side of the street from their properties. Estimated cost is $600. to the City. It was moved by Councilman DeGraaf, seconded by Councilman McMains and carried, that authorization be given as requested. CIVIL SERVICE AGREEMENT FOR 1960-~961 The Council requested that the agreement be returned to the County for revision to include a clause whereby the County would submit their annual salary survey to the City by April 15, 1961. RESOLUTION No. 2462-Petitioning South Bay Irrigation District to include certain lands of City in District° 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 J~QuEsT THAT ANNEXATIONS BE HELD UP It was requested by the South Bay Irrigation District and Otay Water District that the City refrain from further annexing of lands to the South and East of the City until they have their water problems solved, pending the establishment of a common boundary line and the holding of an election in the Districts. Walter Steele of the South Bay Irrigation District asked that the City insist that petitioners for annexation have their water problems solved first before annexing to the City. It was moved by Councilman Smith, seconded by Councilman Menzel, and carried, that no more annexations be made to the South and East of the City until their problems on water have been settled. ,~SWEETWATER VALLEY INDUSTRIAL PARK SUBDIVISION - Final Map City Attorney Kugler stated that the developers of the Sweetwater Industrial Park Subdivision are desirous of making use of the Municipal Improvement Act of 1913 for the purpose of financing the improvements in their Subdivision. Mr. Kugler outlined the conditions under which the Subdivision could be improved under the 1913 Act. Mr. Ralston, represent- ing the Trousedale people asked that the Council approve the final map subject to compliance with the conditions outlined by the City Attorney, and submitted bonds guaranteeing complete performance° City Attorney Kugler requested one week to study effect of giving approval to the final map subject to conditions without said conditions actually being complied with. Mr° Kugler recommended against approval of the final map in order that he might have one week to study the matter. Recommendations of the Planning Commission were read approving the final map subject to the conditions that a traffic barrier be provided on Highland Avenue opposite the Willow Street bulb connection to prevent ingress and/or egress for South bound traffic, and that the Subdivision Map be clearly marked "Subject to Inundation" on each sheet. City Engineer Floyd stated that the area had been flooded in the past and could be flooded again, and recommended that the maps be marked "Subject to Inundation" Mr. Ralston asked that the words "Subject to infrequent sheet water" be substituted for "Subject to Inundation." -4- It was moved by Councilman DeGraaf and seconded by Councilman Menzel that the approval of the map be held over one week as requested by the City Attorney. Councilman Smith and Councilman McMains voted No. Mayor McAllister abstained from voting. It was moved by Councilman Smith, seconded by Councilman McMains, and carried, that the final map of Sweetwater Valley Industrial Park be approved subject to the recommendations of the City Attorney with the exception of condition E which would require before the contract is let, that the bonds be sold and subject to the recommendations of the Planning Commission excepting that the worls "Subject to Inundation" be substituted by "Subject to infrequent flooding conditions". The motion failed to carry by the following vote, to-wit: AYES: Councilmen Smith, McMains Noes: Councilmen icAllister, DeGraaf, Menzel Absent: None ~REQUEST TO USE ONE-WAY ALLEY AS DRIVEWAY A letter was read from Lark Money requesting that he be allowed to use the South eighteen feet two inches of the one-way alley from Center St. to Madrona St. as a driveway to his parking lot, The matter was referred to the Safety Council for recommendation. ~'REQUEST FOR COMPULSORY RABIES VACCINATION ORDINANCE I letter was read from the Altrusa Club of Chula Vista going on record as favoring a compulsory rabies vaccination law for Chula Vista° City Attorney Kugler stated that the City had a rabies vaccination ordinance which has not heretofore been enforced, but which was now being enforced. ,"HARBOR COMMISSION RECOMMENDATION- Additional Tidelands In a communication from Administrative Analyst Ross it was recommended by the Harbor Commission that the Council obtain an estimate from O*Melveny and Myers as to the cost of preparing the legislation necessary to obtain the balanae of any tidelands in the Chula Vista City boundaries, if such tidelands do exist. It was moved by Councilman DeGraaf, seconded by Councilman Menzel and carried, that the City Attorney be directed to follow up on the recommendations of the Harbor Commission in order that a bill might be presented to the Legislature for an additional tidelands grant. RESOLUTION No. 2463-Designating additional major City streets Offered by Councilman Smith, passed, adopted and approved by the following vote, to-wit: AYE~ Councilmen Smith,McAllister,DeGraaf,Menzel,McMains Noes: None Absent: None RESOLUTION No. 2464-Accepting dedication of interest in property (1' easements for sidewalk purposes in Country Club Yie~ 3) Offered by Councilman Menzel, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen Menzel,McMains,Smith,McAllister,DeGraaf Noes: None Absent: None PAYMENT AUTHORIZED TO ENGINEERING SCIENCE INC, It was moved by Councilman Smith~ seconded by Councilman DeGraaf and carried, that $642.90 be appropriated from the reserve for capital develop- ment of the General Fund for payment of two bills from Engineering Science Inc. for engineering woPk on the Sewage Treatment Plant modification. The motion carried by the following vote, to-wit: AYES: Councilmen Smith,McAllister,DeGraaf,Menzel,McMains Noes: None Absent: None -5- ! f/pAYMENT AUTHORIZED TO O'MELVENY & MYERS - Parking District No. 1 It was moved by Councilman DeGraaf, seconded by Councilman Smith and carried, that $503.08 be appropriated from the unappropriated surplus of the parking meter fund for payment to O'Melveny & Myers for fees in connec- tion with the Downtown Parking District No. 1 The motion carried by the following vote, to-wit: AYES: Councilmen DeGraaf~Menzel,McMains,Smith,McAllister Noes: None Absent: None V/~PORT ON PROGRESS FOR SEWER IN SWEETWATER VALLEY City Administrator Fulwiler reported on a meeting with Dr. Askew and persons interested in the development of Sweetwater Valley pertaining to the sewering of the Valley. Mr, Fulwiler stated another meeting would be held June 15th at which time an expression is desired from the Council as to their policy if lands in the Valley were to annex to the City. In his report, Mro Fulwiler listed seven items of policy which he asked that the Council accept for presentation to the Sweetwater Valley Sewer Development Committee. It was moved by Councilman DeGraaf, seconded by Councilman Smith and carried, that the Council approve item one through seven of the Admini- strator's report on Sewers for Sweetwater Valley, as an expression of Council policy if lands in the Sweetwater Valley are annexed°to the City° ~/' HEPORT ON LITIGATION ON HIGHLAND AVENUE ANNEXATION City Attorney Kugler gave a report on litigation to date on the High- land Ave. Annexation, and recommended that the Council retain the services of Wm. Sorenson, expert on annexation litigation to evaluate the case. Mr. Sorenson's fees are $40° per hour, $200° per day in Court or if travel is required other than court appearance, $150o per day plus expenses° It was moved by Councilman DeGraaf, seconded by Councilman McMains and carried, that the services of Mr. Sorenson be retained for evaluating the Highland Avenue Annexation case° ~/C~NSTRUCTION AND REPAIRMAN ADDED TO BUDGET Councilman Menzel asked that Obie Mason, construction repairman at the housing project be retained as staff painter to paint buildings and equip- ment in the City as needed. It was moved by Councilman Menzel, seconded by Councilman Smith, and carried that the position of Construction repair- man be added to the budget after the budget hearing and before adoption. ~ REQUEST THAT RECOMMENDATIONS BE CORRECT Councilman Smith stated that in his opinion development of Sweetwater Valley lands by the Truesdale Corpo was going to turn into another Banister problem whereby the property cannot be developed as proposed because of technicalities° Councilman Smith requested that whenever any recommenda- tions are sent to the Council in the mail, that they be carefully thought out and correct before mailing. OI~SITION TO LMGISLATION vIOLATING HOME RULE PRINCIPLE It was moved by Councilman DeGraaf, seconded by Councilman Menzel and carried, that the City Administrator write State Legislators on behalf of the Council opposing any legislation violating the home rule principle pertaining to City employeeS' wages, benefits and conditions of employment° ADJOURNMENT - 11:00 P.M. It was moved by Councilman Menzel, seconded by Councilman McMains and carried, that the meeting adjourn until June 21st at 7:00 P.M.