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Home My WebLink Aboutcc min 1963/09/17 MINUTES OF AN ADJOURNED P~GULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday September 17, 1963 An adjourned 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: Councihnen McMaina, McAllister, Menzel, Smith, DeGraaf Absent: None Also present: City Engineer Cole, City Attorney Duberg, Administrative · fficer Ross, City Planner Fretz Mayor Menzel 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 24 hours of adjournment, as provided by law, the order of adjournment of the adjourned regular meeting of September 17, 1963. ~PUBLIC HEARING - Appeal of Robert McAllister to Planning Coe~ission action denying him zone variance for property at 173 Fourth Avenue This being the time and place, as advertised, for a public hearing on the appeal of Robert HcAllister to the Planning Commission action denying him a variance for a mortuary use in an R-3 zone at 173 Fourth Avenue, Mayor Menzel declared the hearing open. Mr. James Malcolm, owner of the property at 173 Fourth Avenue, speak- lng in favor of the mortuary use, reviewed the findings of the Planning Com- mission, submitted letters from property owners adjoining the McAllister Mortuary on Third Avenue stating they found no objection to living near a mortuary, and also submitted a petition signed by property owners in the vicinity of 173 Fourth Avenue favoring a mortuary in that location. Mr. Robert Cordova, owner of property to the north of 173 Fourth Avenue, skated that in his opinion Councilman HcAllister should disqualify himself to act upon this particular item because of personal interest and asked for an opinion from the City Attorney, Upon questioning by Mayor Menzel, City Attorney Duberg stated he knew of no legal prohibitions against Councilman McAllister remaining in his seat. If he abstained from voting, his vote would count with the majority, and if he absents himself from the meeting then his vote would not count. Mr. Cordova spoke in opposition to the mortuary stating, in his opinion, it ~hould be in a commercial zone. Mr. Robert F. Bennett read a letter he had previously submitted to the Council, opposing the proposed location of a mortuary at 173 Fourth Avenue. Mrs.~Milma Southworth, 623 Third Avenue, stated she had lived across from the McAllister Mortuary on Third Avenue for many years and had never found it to be objectionable. Mr. Paul Yeager stated that, in his opinion, the expense of keeping up property should not enter into a discussion on the need for its being Mr, William Hi--el protested location of a mortuary at 173 Fourth Avenue because it would depreciate property values and cause traffic problems on Fourth Avenue and Clover Avenue. Speaking in favor of a mortuary at 173 Fourth Avenue were Mrs. Pauline Parks and Mrs. Frank Emerson, No others wishing to be heard, the Mayor de- clared the hearing closed. After discussion, it was moved by Councilman Smith that a variance be granted to allow a mortuary at 173 Fourth Avenue, The motion died for lack It was moved by Councilman HcHains, seconded by Councilman Smith, and ~a=ried that the action of the Planning Commission be sustained and the appeal denied. Councilman M~Allister and Councilman Smith voted no. ~./~80NITA VERDE SUBDIVISION - Approval of final map City Planner Fretz and City Engineer Cole informed the Council they could not si~n the certificate as indicated in the code as to the suitability of the subdivision for its intended use, as it was not adequate. They modi- fied the statement to include "subject to infrequent inundation and soil It was moved by Councilman Smith, seconded by Councilman DeGraaf, and carried that the final map and improvement plans of Bonita Verde Subdivision be accepted upon the execution by the owner of a contract with the City for the installation of improvements and the posting of a bond guaranteeing the performance thereof which contract and bond shall first be approved by the City Attorney as to form and legality, and subject to all recommendations of the Engineering and PlanninE Departments. H~BOLUTION NO. 3199 - Approving improvement agreement - Bonita Verde Subdivision Offered by Councilman Smith, passed and adopted by the following vote, to-wit: AYES: Councilmen Smith, DeGraaf, McMains, HcAllister, Henzel Noes: None Absent: None RESOLUTION NO. 3200 - Fixing taxicab fares in the City Offered by Councilman McMains, passed and adopted by the following AYES: Councilmen McMains, McAllister, Menzel, Smith, DeGraaf Absent: None Attorney John Whitney, representing the Yellow Cab Company, and a rep- resentative from the Company, gave reasons why the present zone system of collecting cab fares is inadequate and explained the new system which they had asked the Council to adopt and which is now standard throughout the County. RESOLUTION NO~ 3201 - A99ep~ing imposition of Highway Users Tax and requesting apportiooments thereof Offered by Councilman McAllister, passed and adopted by the following vote, to-wit: AYES: Councilmen McAllister, Menzel, Smith, DeGraaf, McMains Noes; None Absent: None RESOLUTION NO. 3202 - Approving conditional use permit for County to construct Offered by Councilman DeGraaf, with the stipulation that the plans be approved by the City Council, passed and adopted by the following vote, to-wit: AYES: Councilmen DeGraaf, McMains, McAllister, Menzel, Smith Noes: None Absent: None ORDINANCE NO. 857 - Establishing rules and regulations - Park and Recreation areas - Second reading It was moved by Councilman Smith, seconded by Councilman McAllister, and carried that Ordinance No. 857 be placed on its second readin$, that read- ing of the text be waived and the ordinance adopted. The motion carried by the following vote, to-wit: AYES: Councilmen Smith, DeGraaf, McMains, HcAllister, Menzel Noes: None Absent: None ~/~CTIoN TAKEN TO OPPOSE SENATE BILL NO. 861 It was moved by Councilman Smith, seconded by Councilman McMains, and carried that the City Attorney be directed to draft for the next meeting a resolution opposing Senate Bill No. 861 as rec~ended by the City of Escon- dido in their resolution to the Council. RESOLUTION NO. 3203 - Authorizing purchase of property and appropriatinS funds for Parking District Offered by Councilman Smith, passed and adopted by the following vote, to-wit: AYES: Councilmen Smith, DeGraaf, McMains, McAllister, Menzel Noes: None Absent: None RESOLUTION NO. 3204 - Diving notice of proposed Flynn Annexation Offered by Councilman DeGraaf, passed and adopted by the following vote, to-wit: AYES: Councilmen DeGraaf, McMains, McAllister, Menzel, Smith Noes: None Absent: None p//CHAMBERREC(H~dENDATION ON FLOOD CONTROL CHANNEL A letter was read from the Chula Vista Chamber of Co~erce, requesting that the Council endorse their resolution urging the International Boundary and Water Co~ission and the U. S. Army Corps of Engineers to adopt the Tis Juana River bed as the location for a proposed flood control channel. Referred to the Administrative Officer for report. PROTESTS TO LOCATION OF CORPORATION YARD AT WOODLAWNAND "F" STREET Mr. Ray flalpenny protested the action being taken by the City to locate a corporation yard at Woodlawn and "F" Street. He recommended that action be deferred until the Master Plan is ready for study at which time a citizens' committee should be appointed to review the plan and report to the Council. Attorney Sam Sosna, representing Trailer Villa, 288 Broadway, spoke in opposition to the proposed corporation yard at Woodlawn and "F" Street. L. R. Terry; owner of Terry's Mobile Park, opposing the corporation yard at Woodlawn and "F" Street stated that he was offered land at the north end of Fifth Avenue for $70,000.00. It was suggested that the Administrative Officer meet with these prop- erty owners and review the pertinent points involved in the city's decision ~0 locate the corporation yard at Woodlawn and "F" Street. NEGOTIATION FOR COUNTY BUILDINGS AUTHORIZED Upon the recommendation of Councilman Smith, Administrative Officer Ross was authorized to negotiate with the County on the possibility of land swap with the County for buildings they now occupy on land leased from the City and which they may be abandoning in the future. COt~ENDATION Councilman McAllister commended those responsible for having arrived at some uniformity on street plantings. ADJOUIL~iENT Mayor Nenzel adjourned the meeting at 9:20 P.M. until September 24 at 7:00 P.M. City Clerk