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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