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HomeMy WebLinkAboutcc min 1963/06/25 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COb~CIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday June 25, 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: Councilmen McMains, McAllister, Menzel Absent: Councilmen Smith, DeGraaf Also present: City Engineer Cole, City Attorney Duberg, City Administrator Fulwiler, Attorney Lindman, City Planner Fretz, Principal Civil Engineer Harshman Mmyor Menzel led the pledge of allegiance to the Flag and asked for a moment of prayer. Statement: The City Clerk hereby states that he did post within 24 hours of adJourm~ent, as provided by law, the order of adjournment of the adjourned regular meeting of June 25, 1963. PUBLIC HEARING - Formation of Parking District No. 1 This being the time and place, as advertised, for a public hearing on the formation of Parking District No. 1 of the City of Chula Vista as proposed by the resolution of intention No. 3115, Mayor Menzel declared the hearing open. The Clerk presented affidavits of publication and mailing of the resolu- tion of intention. Mayor Menzel introduced Ray H. Lindman, representative of O'Melveny & Myers, Special Counsel retained by the City Council for the parking district proceedings, who gave a brief explanation of the hearing, and his purpose in being at the hearing. At this point, the City Engineer was sworn in by the City Clerk. At the request of Attorney Lindman, City Engineer Cole indicated on a map the boundaries of the parking district and parcels proposed to be acquired and stated they were the same as proposed in the petition. Mr. Cole indicated there were at present three City-owned parking lots in the district. The City Clerk read in full written protests from R. F. Buffington, Albert C. and Elisabeth L. Boyer and Maurioe and Estella Weakland. No other written protests were received. Attorney Lindman suggested that the Council disregard the typographical error in the property description of the Buffington protest and consider it a valid protest. Mr. R. F. Burlington, speaking in support of his written protest, asked why lots adjacent to his could not be used to advantage for parking lots instead of his mother's as long as the other lots were for sale and had fewer improva~ ments on them. Administrative Officer Fulwiler stated that after much study by the Parking District Co~ittee, the Buffington lot seemed the most logical one to acquire. Mr. Albert Boyer, speaking in support of his written protest~ stated that he would like to know the history of the parking meter revenues over the last five years. He was of the opinion they would not be sufficient in the future' to service the bonds. No others wishing to speak in protest to the proposed parking district, Mayor Menzel called upon those wishing to speak in favor of the district. Mr. Tom Huntington, Chairman of the Mayor's Parking District Committee speaking in favor of the district, urged that the Council form the district ~ as:!eoon~as possible and recommended that the Parking District Co~mission be appointed immediately. Mr. Bernard Bernes spoke in favor of the District and was of the opinion additional parking lots would attract more business downtown. Others speaking in favor of the district were Mr. George Cornell, Max Calkins and Mark Money. Mr. Paul Yeager asked that the Council consider opening up First Avenue in order to bring more business to the downtown area. Attorney Lindman, in answer to an inquiry from Mr. Buffington, stated that if any changes are to be made in the district, they should be made at this time but if it is found at a later date that changes would be advantageous to the district, it would be entirely possible to do so. City Engineer Cole gave a brief s,rmmary on the parking meter revenues over the past five years in reply to a request by Mr. Boyer. Mr. Cole stated upon questioning by Attorney Liv~m-n that the district boundaries constitute a single integrated shopping area which is all zoned for commercial use. It was his opinion that direct benefit would be derived by properties in near proximity to the proposed parking lots and that the lots would help redistribute parking in the total area, which in turn would upgrade the whole shopping area. Mr. Richard Bartel, representative of Stone & Youngberg, the financial consultant on the proposed district, talked on the financial feasibility of the district, indicating that the type of financing proposed would be most successful. City Engineer Cole reported to the Council the total assessed value of taxable real property in the district and stated that the total assessed value of taxable real property as to which written protests have been filed amounted to $29,680.00, representing a written protest of 1.27%. It was moved by Councilman McHains, seconded by Councilman McAllister, and carried, that the Council hereby determines that written protest or objec7 tion to the doing of the things proposed to be done as set forth in resolution of intention, Resolution No. 3115, has not been made by the owners of more than one-half of the assessed value of taxable real property (land and improvements) included within the proposed Parking District No. 1 of this City. The motion carried by the following vote, to-wit: AYES: Councihnen McHains, McAlltster, Menzel Noes: None Absent: ~ilmen Smith, DeGraaf Attorney Lindman informed the Council at this time that the Council now had the choice of abandoning the proceedings, continuing the hearing for further consideration or considering at this time if any changes should be made in the boundaries of the district or in the acquisitions or improvements to be made. Attorney Lind=mn stated upon inquiry frem the Mayor that if it is found at a later date that one lot might be found to be more desirable than one now desig- nated that a change can be made after a further hearing. It was moved by Councilman Mc. Mains, seconded by Councilman McAllister, and carried that all protests and objections, both written and oral, made or filed in the matter of the proposed Parking District No. 1 of this city be and the same are hereby overruled and denied. The motion carried by the following vote, to-wit: AYES: Councilmen McHains, McAllister, Henzel Noes: None Absent: Councilmen Smith, DeGraaf It was moved by Councilman McMains, seconded by Councilman McAllister, and carried that O'Melveny &Myers be instructed to prepare,i the necessary ordinance for forming the parking district and ordering the acquisitions and improvements. The motion carried by the following vote, to-wit: AYES: Councilmen McMains, McAllister, Menzel Noes: None Absent: Councilmen Smith, DeGraaf -2- DATE HEARING ON APPEAL OF J. D. McKINNE¥ SET FOR It was moved by Councilman McMains, seconded by Councilman McAllister, and carried, that July 23 at ?:00 P,M. be set as the time for a hearing on the appeal of J, D, McKinney to action of the Planning Con=aission denying him a zone ~hange at Fourth Avenue and "H" Street. ORDINANCE No. 844 - Approving Tobias Annexation - Second reading It was moved by Councilman McAllister, seconded by Councilman McMains, and carried, that Ordinance No. 844 be placed on its second reading, that read~ lng of the text be waived and the ordinance adopted. The motion carried by the following vote, to-wit: AYES: Councilmen McAllister, Menzel, McMains Noes: None Absent: Councilmen Smith, DeGraaf OP~DINANCE No. 845 - Amending Zoning Ordinance No. 398 - Second reading It was moved by Councilman McMains, seconded by Councilman McAllister, and carried, that Ordinance No. ~45 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, ~o-wit: AYES: Councilmen McMains, McAllister, Menzel Noes: None Absent: Councilmen Smith, DeGraaf ORDINANCE No. 846 - Amending billiard room ordinance - First reading It was moved by Council~McMains, seconded by Councilman McAllister, and carried, that Ordinance No. 846 be placed on its first reading and that reading of the text be waived. The motion carried by the following vote, to-wit: AYES: Councilmen McMains, McAllister, Menzel Noes: None Absent: Councilmen Smith, DeGraaf ~/~IB~USSION ON ORDINANCE No. 845 Mr. Bert Lembeck, Realtor, requested permission to be heard on Ordinance No. 845. City Attorney Duberg suggested that the Council rescind their action on Ordinance No. 845 if further discussion was to be had on the matter. It was moved by Councilman McMains, seconded by Councilman McAllieter, and carried that action taken placing Ordinance No. 8~5 on its second reading be rescinded. Mr. Lembeck stated that in his opinion the ordinance as proposed is die- criminatory in that it prohibits a residential use in a commercial zone. It was his desire to improve property at Third Avenue and "K" Street with apartments over store buildings. Mr. Lembeck requested that action on Ordinance No. 845 be held over for thirty days for more study. Mr. James Lay, Realtor, also urged the Council to withhold action on the ordinance for thirty days. Attorney Jack Whitney, representing owners of property at Woodlawn and "F" Street, stated hie client was ready to develop hie C-2P property with an R-4 use which is permissable under the present ordinance and requested that action on the ordinance amendment be withheld until the people have had an opportunity to be heard. City Planner Fretz and Administrative Officer Fulwiler pointed out that after much study on the matter, a public hearing was held before the Planning Com~ission and the City Council, both duly advertised, and all i~erested had an opportunity to be heard. ORDINANCE No. 845 - Amending Zoning Ordinance No. 398 - Second reading It was moved by Councilman McMains, seconded by Councilman McAllister, and carried that Ordinance No. 845 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: Councilm~n McMains, McAllister, Menzel Noes: None Absent: Councilmen Smith, DeGraaf ~ - Accepting quitclaim deed from County (Telegraph Canyon Road) Offered by Councilman McMains, passed and adopted by the following vote, to-wit: AYES: Councilmen McMains, McAllister, Menzel Noes: None Absent: Councilmen Smith, DeGraaf RESOLUTION No. 3148 - Adopting Oxford Relief Sewer Main repayment assessments Offered by Councilman McAllister, passed and adopted by the following vote, to-wit: AYES: Councilmen McAllister, Menzel, McMains Noes: None' Absent: Councilmen Smith, DeGraaf ~//CHANGE IN NON-P. ESIDENT LIBP. ARY FEES AUTHORIZED Administrative Officer Fulwiler reported that a memo had come in from theLibrary Board reco.~ending that commencing July 1, the library fee for non- resident borrowers be increased to $5.00 per family, that the re% for children borrowing books from the Children's room remain at fifty cents and that teachers teaching in the Chula Vista Elementary School District, but residing outside the City limits, be allowed to borrow books for a fee of $3.00. It was moved by Councilman McMains, seconded by Councilman McAllister, and carried that the recommendations of the Library Board be accepted effective on the renewal dates for existing cards. ~//PLANNING ~O~4ISSION P. ECOf~ENDATION ON REZONING A letter was read from the Planning Co~mission recou~ending that four lots on the southwest corner of Kearney and Church Avenue be rezoned from to R-3-U and that the building line on Kearney be five feet rather than fifteen feet. July 16 at 7:00 P.M. was set as the time for a public hearing on the re- zoning. ~z//BIO AWARDED ON GAS TAX PROJECT AT BROADWAY AND "E" STREET City Engineer Cole reported having received five bids on Gas Tax Project No. 48, Broadway and "E" signals, and recommended that the low bid of American Electric Company in the amount of $14~205.00 be accepted. It was moved by Councilman McAllister, seconded by Councilman McMains, and carried that the low bid of the American Electric Company be accepted as rec~ended. SUBMISSION OF NAMES FOR APPOINTMENT TO PLANNING COmmISSION AUTHORIZED Administrative Officer Fulwiler was authorized to submit at a later meet- lng any names he might have of persons eligible and interested in serving on the Planning Co~ission. "F" STREET SCHOOL SITE Administrative Officer Fulwiler stated that the School District was de- sirous of having official action taken on Just how the "F" Street School property was to be split between the County and City in order that the proper deeds may be made up. It was moved by Councilman McMains, seconded by Councilman McAllis~er, and carried that the School provide two deeds, one for the south half of the prop- erty which would front on "F" Street to the City and one for the north half which would front on Davidson Street, for the County. Upon the recou~endation of City Attorney Duberg, it was moved by Council- mam McMains, seconded by CoUncilman McAllister, and carried that the Mayor and City Clerk be authorized to accept a warranty deed for that portion of the prop- erty being purchased by the City. RESOLUTION No. 3149 - Approving special appropriation of $250.00 for appraisal of that portion of the City shop property on "H" Street which the City still owns Offered by Councilman McAllister, passed and adopted by the following vote~ to-wit: AYES: Councilmen McAllister, Menzel, McMains Noes: None Absent: Councilmen Smith, DeGraaf ~,~HOTEST TO TYPE OF HOUSES PROPOSED FOR PRINCESS CPJgST SUBDIVISION Mr. Glen Fields, representing property owners in the Halecrest Subdivision, expressed concern over the type of dwelling it has been rumored will be built in the Princess Crest Subdivision. City Planner Fretz explained that to date, there is no substantial evidence as to what type of dwelling will be built in the sub- division but that the Planning Co~ission will consider the tentative map of the subdivision at their July 15 meeting, at which time all interested are welcome to attend. ~qUEST FOR TR~FIC LIGHT AT BROADWAY AND "C" A letter was read from Frank A. Scott reciting the serious traffic prob- lem at the corner of Broadway and "C" Street and sugsesting that a traffic light be installed to alleviate the situation. Referred to the Administrative Officer for referral to the Traffic Engineer. ~OLE'I~ER OF RESIGI~TION A letter was read from Chief Administrative Officer Fulwiler tendering his resignation, effective July 27, 1963, in order to accept an appointment as City Manager of Spokane, Washington. It was moved by Councilman McMains, seconded by Councilman McAllister, and carried that the resignation be accepted with regret. ADJOUR~NT Mmyor Menzel adjourned the meeting at 9:45 P.M. to July 2 at 7:00 P.M. City Clerk r ·