HomeMy WebLinkAboutcc min 1964/07/14 MINUTES OF A REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF CHULA~¥ISTA, CALIFORNIA
Held Tuesday July 14, 1964
A regular meeting was held in the Council Chambers by the City Council
on the above date at 7:00 P.M. with the following Councilmen present:
Councilmen McMains, McAllister, Sparling, McCorquodale, Anderson
Absent: None
Also present: City Engineer Cole, City Attorney Duberg, Administrative Officer
Ross, Director of Planning Warren, Assistant Administrative
Officer Stenberg
Mayor Sparling led the pledge of allegiance to the Flag and asked for a moment
of silent prayer.
Statement: The City Clerk hereby states that he did post within twenty-four
hours of adjournment, as provided by law, the order of adjourn-
ment of the regular meeting of July 14, 1964.
APPROVAL OF COUNCIL MINUTES
It was moved by Councilman McMains, seconded by Councilman McCorquodale,
and carried that the Council minutes for the meetings of June 9, 16, 23, 30
and July 7 be approved, copies having been sent to each Councilman.
yPUBLIC HEARING - Appeal of Lawton and Lienhard to action of the Planning
Commission denying conditional use permit for 349 "H" Street
This being the time and place, as advertised, for a public hearing on
the appeal of Lawton and Lienhard to action of the Planning Commission denying
them a conditional use permit for professional offices at 349 "H" Street, Mayor
Sparling declared the hearing open. The appeal and Planning Cormnission report
of findings were read to the Council. Dr. Raymon Lawton and Dr. Wendell Lien-
hard both spoke in support of their appeal.
Mr. Ernest Schnepf stated that in his opinion the City now has ample
"C" zoning and rather than grant a conditional use permit for 349 "H" Street,
he would suggest that the entire area be studied for rezoning.
City Planner Warren reviewed the findings of the Planning Cormnission.
No others wishing to be heard either for or against the conditional use permit
and the Clerk having received no written protests, the Mayor declared the hear-
ing closed.
It was moved by Councilman McAllister, seconded by Councilman McCorquo-
dale, and carried that action on this appeal be held over one week pending an
opinion from the City Attorney on the legality of the zoning ordinance as it
applies to conditional use permits.
~/~BLIC HEARING (continued) - Intention to vacate sewer easement in portion of
Telegraph Canyon Road
This being the time and place, as designated, for the continuation of
the hearing on the intention to vacate a portion of Telegraph Canyon Road,
Mayor Sparling declared the hearing open.
The City Engineer stated that certain terms of an agreement with Robin-
hood Homes, Inc., for realignment of the sewer still have not been complied
with and reconunended that the hearing be continued one more week. It was
moved by Councilman McMains, seconded by Councilman McCorquodale, and carried
that the hearing be continued until July 21, 1964 at 7:00 P.M., as reconunended.
~PoRT ON ORDINANCE VIOLATION - City Attorney
City Attorney Duberg reviewed his written report on the alleged viola-
tion by Mr. Francis L. Kinney of City Code Section 33.33.2 which prohibits a
residential use in a C-1 zone. Property in question is at 284 Third Avenue.
Mr. Duberg recommended that Mr. Kinney make application to the Planning Com-
mission for a variance.
Mr. Kinney stated that the apartment over his store had been used for
living purposes prior t~ the adoption of the ordinance prohibiting such use
in a C-1 zone. He further stated he was qualified to do his own plumbing and
electrical work and resented the invasion by City employees of his privacy.
It was moved by Councilman McAllister, seconded by Councilman McCorquo-
dale, and carried that the matter be referred to Administrative Officer Ross
in order that an amiable solution might be reached on the matter, and report
back at the next meeting.
~CCMMENDATIONS ON CHANGII~G NAME OF PORTION OF "E" STREET
A letter was read from the Planning Cormnission recommending that that
portion of "E" Street extending to the east of the new "E" Street extension be
renamed Valley View Court. A letter was submitted from Mrs. Helene Butcher
recon~ending that the name be changed to Toyon Hill Road. Mrs. Butcher's
letter was referred to the Planning Commission for study and recommendation.
RESOLUTION NO, 3447 - Giving notice of intention to change street name
Offered by Councilman Anderson, passed and adopted by the following
vote, to-wit:
AYES: Councilmen Anderson, McMains, McAllister, Sparling, McCorquodale
Noes: None
Absent: None
RESOLUTION NO. 3448 - Giving notice of intention to vacate portion of Telegraph
Canyon Road and Hilltop Drive
Offered by Councilman McCorquodale, passed and adopted by the following
vote, to-wit:
AYES: Councilmen McCorquodale, Anderson, McMains, McAllister, Sparling
Noes: None
Absent: None
~/~(Iql~NDATION
At this time Mr. Hugh Christensen, President of the Junior Chamber of
Commerce and Bill Hardy, General Chairman of the Fiesta de la Luna, together
with their wives, were con~nended by Mayor Sparling for the outstanding work
done on the Fiesta de la Luna. Also cormnended were all who participated in
making the Fiesta a success.
RESOLUTION NO. 3449 - Approving tentative map - Cindy Park No. 3 SuBdivision
Offered by Councilman McCorquodale, passed and adopted by the following
vote, to-wit:
AYES: Councilmen McCorquodale, Anderson, McMains, McAllister, Sparling
Noes: None
Absent: None
RESOLUTION - Condemnation for off-site sewer - Princess Manor No. 1
City Engineer Cole showed a slide showing the location of an easement
for which the Council proposes to initiate condemnation proceedings for sewer
purposes. Properties involved would be Lots 56 and 57 of Castle View Subdivi-
sion and property owned by Mr. John Ryder, south of Rienstra Street.
Mr. Arthur McFarland, owner of Lot 57, Castle View Subdivision, objected
to the condemnation of his property for sewer easement purposes and asked who
is responsible for replacing any driveway, shrubs, etc., which might be over
the easement when and if it ever needs to be dug up for any reason. City
Attorney Duberg stated that the property owner would be responsible for replac-
ing any improvements which might be placed over the easement, unless a special
agreement is entered into to the contrary.
Councilman McCorquodale suggested that the subdivider be made responsible
for replacing the present improvements and the the City in the future.
Administrative Officer Ross recommended that the matter be held over
one week while he determines if the subdivider will be willing to post a bond
to assure replacement of improvements over the easement in the future. It
was moved by Councilman Anderson, seconded by Councilman McCorquodale, and
carried that action be held over one week for further negotiation.
RESOLUTION NOv 3450 - Approving grant of easement to Otay Municipal Water
District
Offered by Councilman Anderson, passed and adopted by the following
vote, to-wit:
AYES: Councilmen Anderson, McMains, McAllister, Sparling, McCorquodale
Noes: None
Absent: None
RESOLUTION NO. 3451 - Rescinding Resolution No. 3356 (One-way movement on
Sierra Way)
Offered by Councilman Anderson, passed and adopted by the following
vote, to-wit:
AYES: Councilmen Anderson, McMains, McAllister, Sparling, McCorquodale
Noel: None
Absent: None
Administrative Officer Ross reported he has contacted the owners of
property on the north side of Sierra Way, east of Broadway, and was informed
by the owner that to dedicate enough of his property t~bring Sierra Way up to
its full width at that point would create a considerable hardship, on him but
that the dedication of seven or eight feet would not be too damaging~ 'Mr~
Ross stated he has referred the matter to the Engineering department to study
what could be accomplished with seven or eight feet.
RESOLUTION NO. 3452 - Establishing four-way stop at intersecti~ of Max Street
and East Rienstra Street
Offered by Councilman Anderson~ passed and adopted by the following
vote, to-wit:
AYES: Councilmen ~nderson, McMains, McAllister, Sparling, McCorquodale
Noes: None
Absent: None
RESOLUTION NO. 3453 - Approving contract for law enforcement services and
appropriating funds - Sheriff's Department
Offered by Councilman McCorquodale, passed and adopted by the following
vote~ to-wit:
AYES: Councilmen McCorquodale, Anderson, McMains, McAllister, Sparling
Noes: None
Absent: None
RESOLUTION NO. 3454 - Approving studies for acquiring water system of California
Water and Telephone Company
Offered by Councilman McCorquodale, passed and adopted by the following
vote, to-wit:
AYES: Councilmen McCorquodale, Anderson, McMains, McAllister, Sparling
Noes: None
Absent: None
ORDINANCE NO. 891 - Approving permanent zoning and building lines of a portion
of Bonita Village Annexation - Second reading
It was moved by Councilman Anderson, seconded by Councilman McMains, and
carried that Ordinance No. 891 be placed on its second reading, that reading of
the text be waived and the ordinance adopted. The motion carried by the follow-
ing vote, to-wit:
AYES: Councilmen Anderson, McMains, McAllister, Sparling, McCorquodale
Noes: None
Absent: None
-3-
ORDINANCE ND, 892 - Establishing procedure for canvass of election returns -
Second reading
It was moved by Councilman McCorquodale, seconded by Councilman Anderson,
and carried that Ordinance No. 892 be placed on its second reading, that read-
ing of the text be waived and the ordinance adopted. The motion carried by the
following vote, to-wit:
AYES: Councilmen McCorquodale, Anderson, McMains, McAllister, Sparling
Noes: None
Absent: None
~ROVING REQUEST FOR COUNTY PARTICIPATION IN REMOVAL OF FOUNDATIONS - "F"
Street School Site
Administrative Officer Ross requested permission to contact the County
Board of Supervisors for the purpose of requesting their participation in the
removal of slabs and foundations on the "F" Street School site. It was moved
by Councilman McCorquodale, seconded by Councilman McAllister, and carried that
permission to contact the County be granted as requested.
~REPORT ON INSTALLATION OF STREET LIGHTS ON "E", "H" AND "L" STREETS BETWEEN
BROADWAY AND FREEWAY
City Engineer Cole submitted plats showing proposed location of orna-
mental street lights on "E", "H" and "L" Streets between Broadway and the Mont-
gomery Freeway as recormnended by the Broadway Association as a means of light-
ing the main entrances to the City. Estimated cost of lights spaced one hun-
dred twenty feet apart on the three streets is $50,000.00 and estimated cost
of lights spaced seventy-five feet apart is $79,000.00.
It was moved by Councilman McCorquodale, seconded by Councilman McA1-
lister, and carried that the Administrative Officer be directed to explore
possibilities of financing the proposed lighting other than from the general
fund and also to undertake a study on beautification of the entrances into
the City.
~/ PROTEST TO ALCOHOLIC BEVERAGE CONTROL BOARD AUTHORIZED
It was moved by Councilman McCorquodale, seconded by Councilman McMains,
and carried that the City Attorney be directed to file a formal protest with
the State ~lcoholic Beverage Control Board against the issuance of an unlimited
on-sale beer license for property located at 421 Telegraph Canyon Road.
~/~LAN TO CHANGE EAST WALL OF LIBRARY APPROVED
Administrative Officer Ross submitted a preliminary plan, approved by
the Library Board, for changing the east exposure of the present library build-
ing to make it more appealing to the eye. Estimated cost is $500.00 for the
plans and $5,000.00 for construction.
It was moved by Councilman Anderson, seconded by Councilman McAllister,
and carried that plans for the changing of the east wall of the Library be
approved and necessary papers drawn up for appropriation of funds. Councilman
McMains voted no.
SUPPORT OF STUDY ON LOT FEES
A letter was read from the Park and Recreation Commission supporting the
study presently being conducted pertaining to the paying by subdividers of fees
on each of their lots to be set aside for parks and recreation.
~{EQUEST FOR PRESERVATION OF LAWNS AND GROWTH ON "F" STREET SCHOOL SITE
/
\'J A letter was read from the Chamber of Commerce urging that the Council
instruct the proper City department that the trees, shrubs and grass on the
"F" Street School site be regularly .watered in order to preserve their growth
until the site is needed for building purposes. It was moved by Councilman
Anderson, seconded by Councilman McCorquodale, and carried that the letter be
referred to Administrative Officer Ross for a feasibility study.
FOR REPEAL OF ORDINANCE
REQUEST
A letter was read from the National City~Chula Vista Board of Realtors
urging that the City Council immediately repeal the ordinance establishing a
minimum of 1,300 square feet in size for private homes. Letter filed.
~.~,~H3~t. TERREVIEW COIqMITTEE APPOIRTED
It was moved by Councilman Anderson, seconded by Councilman McAllister,
and carried that the Mayor appoint, at this time, a committee to review the
Charter and recommend changes that they deem are necessary.
Mayor Sparling appointed Lorenz Koester, Chairman, Richard Halferty,
George Duryee, Jack Parrott and Mrs. Shirley Heimsteadt to the committee.
~.~.EST ROOMS NEED FIXING AT MEMORIAL BOWL
Mrs. Barbara Llewellyn reported that the rest rooms at Memorial Bowl
were in deplorable condition and that the drinking fountain needed fixing.
Referred to Administrative Officer Ross.
~,//REqUEST THAT MAYOR BE AUTHORIZED TO ATTEND AMERICAN MUNICIPAL CONGRESS
Mr. Richard Halferty, on behalf of many businessmen and citizens of the
City, requested that the Council authorize the attendance of Mayor Sparling to
the annual American Municipal Congress at Miami Beach, Florida, July 23 to
July 29, at no expense to the City.
RESOLUTION NO. 3455 - Authorizing Mayor to attend American Municipal Congress
in Florida
Offered by Councilman McCorquodale, passed and adopted by the following
vote, to-wit:
AYES: Councilmen McCorquodale, Anderson, McMains, McAllister, Sparling
Noes: None
Absent: None
~/~PETITIONS ON FULL TIME MAYOR OFFERED COMMITTEE
Mr. Paul Yeager stated that he would like to offer the petitions he has
with over five hundred signatures approving the election of a full time Mayor
to the newly appointed Mayor's Charter Review Cormnittee for use as they see fit.
ADJOURNMENT
Mayor Sparling adjourned the meeting at 9:20 P.M. until July 21 at
7:00 P.M.
City Clerk