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HomeMy WebLinkAboutcc min 1962/09/11 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF Chula Vista, California Held Tuesday September 11, 1962 The Council met in the Council Chambers of the City Hall on the above date at 7:00 P.M. with the following Councilmen present: Councilmen Mc.Mains, McAllister, Menzel, Smith, DeGraaf Absent: None Also present: City Engineer Cole, City Attorney Duberg, City Administrator Fulwiler, Administrative Analyst Ross, Chief Building Inspector G'rady, Geo. Fretz. Mayor 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 adjournment, as provided by law, the order of adjournment of the regular meeting of September 11, 1962. APPROVAL OF MINUTES It was moved by Councilman Smith, seconded by Councilman McMains and carried, that the Minutes for meetings of August 14, 21, 28 and September 4th be approved as mailed to each Councilman. /PUBLIC HEARING- 1911 Act proceedings, Assessment District No. 1 (Trenton Ave.) Mayor Menzel announced that the hour of ?:00 o'clock P.M. having arrived, this is the time and place fixed by resolution of intention, Resolution No. 2896, when and where any and all persons having any protest or objection to said proposed work, to the extent of said assessment district, or to the proposed grades may appear before the City Council and show cause why said proposed work should not be carried out in accord- ance with said resolution. It is also the time and place fixed by said resolution of intention to determine whether public convenience and necessity require the work of improvement described in said resolution and whether the provisions of the Special Assessment Investi~ation, Limitation and Majority Protest Act of 1931 shall apply thereto. The City Clerk presented for Council inspection the affidavit of publication of the resolution of intention; the affidavit of mailing notice of hearing; and the affidavit of posting on "Notice of Improvement." The City Engineer was sworn in by the City Clerk and gave testimony concerning the nature of work to be performed and boundaries of the assessment district. The City Clerk reported that no written protests were received. Mayor Menzel called on any one in the audience who wished to make an oral protest. There were no oral protests. The Mayor asked if any one in the audience wished to speak in favor of the proceedings. There was no one who wished to speak in favor of the proceedings. The City Engineer reported that written protests filed with the City Clerk, and not withdrawn represent zero percent of the area of the property to be assessed for the proposed improvement. No one wishing to be heard either for or against the proceedings, Mayor Manzel declared the hearing closed. RESOLUTION No. 2913- Resolution of the City Council of the City of Chula Vista, California, finding and determining that public convenience and necessity require certain work and improvement, and that the provisions of the Special Assessment Investi~ation~ Limitation and Majority ~rotest Act of 1931 shall not apply thereto; and making findings and overruling protests and objections against said proposed work or improvement, the extent of the proposed Assessment District, or to the proposed grades, all as the same are described in Resolution of Intention, Resolution No. 2896. Offered by Councilman Smith, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen Smith, DeGraaf, McMains, McAllister, Menzel Noes: None Absent: None RESOLUTION No. 2914- Resolution of the City Council of the City of Chula Vista, California, ordering the construction of certain street work and ordering posting and publication of notices inviting sealed proposals or bids. (Assessment District No. 1) (Trenton Avenue) Offered by Councilman Smith, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen Smith, DeGraaf, McMains, McAllister, Menzel Noes: None Absent: None RESOLUTION No, 2915- Resolution of the City Council of the City of Chula Vista, California, determining the general prevailing rate of per diem wage and the general prevailing rate for le~al holiday a~l overtime work in the City of Chula Vista for certain crafts or types of worl~nen. (Assessment District No. 1) (Trenton Avenue) Offered by Councilman Smith, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen Smith, DeOraaf, McHains, McAllister, Menzel Noes: None Absent: None ~/~BLIC HEARING - Appeal to Plannin~ Go~m~ission action in Conditional granting Use Permit to Chula Vista Christian Reform Church. This being the time and place, as advertised, for a public hearing on the appeal to the Planning Commission action in granting a Conditional Use Permit to Chula Vista Christian Reform Church for property on the North side of East "J" Street approximately 130 feet East of Melrose Ave., Hayor Menzel declared the hearing open. Attorney John Ronis, representing the appellants, spoke in opposition to the using of this particular site for a Church, and requested that the Council uphold the appeal. Others speaking in opposition to the Conditional Use Permit were Kenneth Milburn, Mrs. Joe Nader, Muriel Singletary, Mrs. Edna Young and Mrs. Vickers. ·peaking in favor of the Conditional Use Permit and urging that the Council uphold the action of the Planning Co~ission were Arthur Schuller, real estate broker representing the applicant and the Reverend Paul Veenstra. No others wishing to be heard, the Mayor declared the hearing closed. It was moved by Councilman McAllister, seconded by Councilman McHains and carried, that action on the appeal be held over one week while the Planning Dept. checks the petition filed with the~ by the opponents, to determine what percentage of those sign- lng the petition are property owners or just residents, as compared to the total number of property owners there are within a three hundred foot radius around the proposed Church site. PUBLIC HEARING- Appeal to Planning Co~ission action in granting Conditional Use Permit for service station at Third Ave. & Mankato St. This being the time and place, as advertised, for a public hearing on the appeal to the Planning Commission action in granting a Conditional Use Permit to Virginia Jones Lederer to construct a service station on the Northwest corner of Third Ave. & Mankato St., Mayor Menzel declared the hearing open. City Attorney Duberg filed a letter with the Clerk from Norman Seltzer, Attorney for the appellant, requesting that the Council grant the appeal and deny the Conditional Use Permit as granted by the Planning Commission. Mrs. Myrtle Powell stated she was not opposed to the service station if Mankato Street is widened. Howard Dattan, Attorney for Mrs. Lederer asked that the action of the Planning Commission be upheld. Mr. Massey, representing the Shell Oil Co. stated he would be willing to answer any questions asked by the Council. No others wishing to be heard, the Mayor declared the hearing closed. Because of the concern expressed by the Councilmen over the width of Mankato St. it was moved by Councilman McHains, seconded by Councilman McAllister and carried, that action on the appeal be held over one week while the City Planner searches out possible agreements or conditions which might exist, which would make it possible to widen Mankato St. on the South side. -2- I./ACTIoN ON APPEAL OF A.R. GILBERT TO PIA~INC COII/ISSION DECISION IN DENYING SIDE-YARD SET-BACK The Clerk read the Minutes for the meeting of August 7th pertaining to the public hearing on the appeal of A.E.Cilbert to the Planning Co~ission decision in denying him a side-yard set-back for property at 1027 Corte Naris. Action was held over at that time until a full Council was present. It was moved by Councilm~n Smith, seconded by Councilman McAllister and carried, that there were exceptional circumstances applicable to the property involved which justified that the appeal of A.E.Gilbert be approved. The motion carried by the follow- ing vote, to-wit: AYES: Councilmen Smith, McMains, McAllister, Menzel Noes: Councilman DeGraaf Absent: None ~///~EPORT ON TRAF-O-TERIA City Administrator Fulwiler gave a full report on use of the Traf-~-Teria pay- merit boxes proposedsto be used in the dovnto~n area for payment of tickets for over parking. Me~hods of operation of the system, as recommended by the l/agee-Hale Parking Meter Company, were outlined by the City Administrator. Ne explained that it is intended to continue the courtesy ticket program. It was moved by Councilman H cHains, seconded by Councilman Smith and carried, that the Traf-O-Teria boxes be installed for a ninety day trial period, the fines collected in the boxes to be placed in the General Fund of the City. Mr. John Weber requested that ~he Council order removal of the downtown parking meters. Councilman Smith pointed out to Mr. Weber that the Downtown Merchants were in favor of the meters. /,~CITY ATTORNEY REPORT ON TIDELANDS FINANC~ City Attorney Duberg reported that the Council cannot take proceeds fram the Tidelands Bond sale to reimburse the General Fund for money transferred to the Harbor Fund, prior to the sale of the bonds. The money transferred to the Harbor Fund from the General Fund was for the purpose of develeping tidelands for lease to Rohr Aircraft Corp. At the request of Councilman McMains, the City Attorney was directed to report at the next meeting on whether or not the action taken by the Council March 20, 1959 to transfer funds as a loan to the Harbor Fund for development of tidelands for leasing to Rohr Aircraft Corp. wnuld be binding if the Port District becames a reality. RESOLUTION No. 2916- Authorizing additional wnrk on Norman Park Shuffleboard project. Offered by Councilman DeGraaf, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen DeGraaf, McMains, McAllister, Menzel, Smith Noes: None Absent: None RESOLUTION No. 2917- Accepting, dedicating and naming portion of Otay Lakes Road Offered by Councilman Smith, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen Smith, DeGraaf, McMains, McAllister, Menzel Noes: None Absent: None RESOLUTION No. 2918- Authorizing City Engineer to make application to County to construct Oxford Relief Sewer Offered by Councilman Smith, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen Smith, DeGraaf, McMains, McAllister, Menzel Noes: None Absent: None ~//DATE SET FOR PUBLIC HEARING ON ASSESSMENTS ON PHASE IV, V, and VI of 1911 Block Act. The Clerk reported that September 25th at ?:00 P.M. has been set as the time for a public hearing on spreading assessment for Block Acts IV~ V~ and VI, REPORT ON FIgSTA de la LUNA City Administrator Fulwiler, in reporting on the coming Fiesta de la Luna, told of the days and hours certain streets would be closed in the Civic Center vicinity to acconx~odate the Fiesta crowds. He reported full consideration has been given to the placing of the amusement attractions on the Civic Center parking lot so as to cause as little noise and confusion to the residents in the area as possibleo ~BID AwA~ngD OH CITY PUBLIC LIABILITY INSURANCE City Administrator Fulwiler reported t~o bids were received for the City's Fnblic Liability Insurance for the coming year, the low bid being that of the Farmer's Insurance Group in the amount of $15,308o83. It was moved by Councilman Smith~ seconded by Councilman DeGraaf and carried, that the 1or bid of Fat~er*s Insurance Group in the amount of $15,308°83 be accepted subject to the receipt of a letter frem Farmerts Insurance Co. confirming that the City is covered for false arrest. ~//STATE HIGHWAY NAINTEI/A~CE YARD City Planner Fretz stated that the State Highway Co~aission is planning to condemn a piece of property on the South side of Bonita Road for a storage and maintenance yard for heavy equipment, m The property is a portion of the proposed Grout Annexation to the City. Hr. Fretz said the Planning Co=~ission wished to oppose the State Highway Con~nission's planned use of the property, and asked that the Council concur with them in their opposition. It was moved by Councihnan Smith, seconded by Councilman McAllister and carried, that the Council go on record as being opposed to a Stats Highway equipment maintenance yard in this location. LIGHTING ON PARKWAY City Engineer Cole submitted a plat showing the proposed lighting on Parkway between Third Avenue and Fourth Avenue. Also submitted for Council approval was one type of light standard. The Council suggested that the Park and Recreation Co=ission look at different types of standards~ studying particularly the amount of light and glare given off by the different types, and also the number of fixtures thought necessary to light the block satisfactorily. ~RAGAI~ST LITTER A letter was read from the War Against Litter Committee, asking for an opportunity to appear before the Council to discuss the problems of litter. The City Administrator was directed to make the arrangements for representatives of the Committee to appear before the Council. iNVITATION TO MEETING HONORING HIGHWAY C(H~tlSSION A letter was read from the San Diego Chamber of Commerce inviting ~'Councilmen to a no-host luncheon meeting honoring The California State Highway Go~ls- sion and its Engineers. The luncheon to be held at Vacation Village in Mission Bay Park at noon, September 20th. ~/'qUESTION ON REPORT GIVEN AT HEARING ON SENATE BILL No. 41 Councilman McAllister stated that at the hearing before the Board of Super- visors on Senate Bill No. 41, the City Attorney gave a report on behalf of the City which was an opinion from O'Melveny &Myers on Bill No. 41. Councilman HcAllister was concerned that the O'Melveny & Myers report had not been submitted to the Council before going to another body. It was explained that the report came in too late to be presented to the Council before the hearing by the Board of Supervisors. The City Attorney was directed to give the Council a short analysis of the O'Melveny and Myers report, and make the entire report available to those who wished to see it. Councilman DeGraaf filed with the Clerk a written copy of his report to the Board of Supervisors on Senate Bill No. 41. ADJOURNMENT Mayor Menzel adjourned the meeting at 9:35 P.M. until September 18th at 7:00 P.M. City Clerk