HomeMy WebLinkAboutcc min 1939/02/06 ~ OF A REGULAR MEETING OF THE CITY C(YJNCIL OF THE CITY OF CHITLA V~STA, OALIFO~. HELD FF~sRUART 6, 1939.
The Council met in regmlar session in the Council Ghember of tho City Hall on
the above shown date with ~ayor Done p~esiding. The meeting was called to order at
? o'clock P. ~4~ Present: All members.
~D~TJTES OF P~EVI~JS ~ING: The minutes of the regular meeting of Sanua~y 3. 1939 ~'
having been prepared and mailed to each member of this council by the City Clerk were
approved as prepared and mailed.
LANDIS ~'~EET EX~EN~ION: The alerk read a letter from ~fr. William Mouser requesting
the City Council to extend ~ndis Ave. through 5 acre Lot 10, ~ Section 1~7, which would
make ~dis a through street frc~ E to F. Mr. Moeser related that at the time he granted
the city easements for sewer, light, power and telephone lines tkrough said Tract that
the City ~gineer at that time had prcmxised him that the City would open up and make
Landis a through street. A petition si~aed by property owners on Landis between E and
F requesting the Council to do ss~e was read. The Council as a whole felt that it was bad
policy to accept a street which had not been graded and sUrfaced but in view of the fact
that an official of the City had promised that certain work would be dens and that by so
prcmis~ng the City had been able to obtain certain easeene,~ts that the City was morally
obligated to carry out the promise as made by the City Engineer. It was discovered that
only five trees wodld have to be removed to make Landis a through street ~ud upon motion
by Cl. Brown, seconded by Cl. T!~mons, which carried, the matter was referr4d to Street
C~w""~ssioner Howe with power to act.
SI~EWALE ~AIRS: Cl. Howe informed the Council that the San Diego Consolidated
Gas & Electric Company had informed him that at the time the Gas Company had removed
the light poles from the sidewalks on 3rd Avenue and placed them in the alleys the
then 0ity Engineer had promised the Gas Company that the City would repair the sidewalks
at the points where the light poles had been. It was pointed out by Cl. Ti~m~ons, however,
that according to the franchise the Gas Company has it specifically states that they are
to take care of such matters and it was decided by the Council that the Gas Company should
do the above work.
D, ,Ri¥~-~AY APPLICATION: ~r. Paul Stevens of the Chevrolet ~ency requested permission
to lay a concrete driveway at his used car place of business and upon motion by Gl. Ttmmons,
seconded by Cl. Brown, which carried, the matter was refereed to the Street SUperintendent
with power to act.
0RD~tNCE NO. 27?: Upon motion by Cl. Brown, seconded by Cl. Ttmmons, which carried,
O~dinenee No. 2?? was put on its second and final reading. The 0~dinance was read in full
and was in the exact form as given at its first reading at a meeting of this Council held
Semuary 3, 1939. ~r. $~-s ~urcher presented to the Council a petition signed by a large
number of business people which recommended that the City refrain from passing the above
Ordinance, which pertains to the prohibition of fireworks in the City, u~til such t~a~
as it can be made a County-wide or a State-wide ben. Mr. Zurcher pointed out to the Council
that should the City prohibit the sale and use of fireworks and they could be obtained in
National City or the outskirts of our City limits that the citizens during that period in
order to get fireworks would have to leave Chula Vista and in buying their fireworks in
other conmmnities would no doubt purchase other co~m~odities there, which would result in a
loss to the local merchants. Cl. Brown gave statistics on the number of people injured
and the number of deaths attributed to fireworks for the past several years. He reported
that the League of California E~unicipalities is urging cities and counties to initiate such
ordinances and that they are going to sponsor said law prohibiting the sale and use of fire-
~rks. Miss Scott, Co~mm~uity Nurse, reported on several injuries received by youngsters in
Chula Vista due to fireworks accidents. Mrs. D. Bigelow stated that she was very much in
favor of the ordinance but felt that it should be County or State-wide. Cl. B~owa made a
motion that the above Ordinance be adopted. Cl. Ttmmons stated he did not feel it was
advisable to pass anything detrimental to the merchants and inasmuch as the State LegislatUre
is going to consider passage of a State law when they convene again in March that it might
be advisable to hold the Ordinance in abeyance until the Legislature's action has been de-
termined; the Council then would have ample time to act upon the City Ordinance. Cl. Howe
felt that this would probably be the wisest action and Cl. Brown withdrew his motion adopt-
lng .(~dinanc, e No. ~,?? and upon motion by Cl. Tigons, seconded by Cl. ~ryant, which carried,
the action of puttlu~ Qr~,,insmce No. 27? on its second reading was rescinded. The City 01erk
was instructed to contact State I~ague officials regarding the bill they are sponsoring pro-
hibiting said sale and use of fireworks and was also instructed to notify the Ohula Vista
merchants before Ordinance No. ~?? is placed on its final reading. Mr. R. L. Davies, speaking
not as an official but as a citizen of Chula Vista, informed the Council that if Chula Vista
is known as one city in the County that can and will pass progressive laws such as the above
Ordinance that it would become known throughout the County a~d would probably attract a
number of people to come and live in Chula Vista. He stated that he felt the use of fire-
works as they are manufactured at present was very dangerous.
Minutes of regular meeting of City Council, February 6, 1939.
STREET OILI~._. LETTER OF APPreCIATION: Mr. George H. Oolm~r on behalf of the resi-
dents of Church, Del M.~, Twin Oaks and Alpine Ave. south of Y Street offered apprecia-
tion to the Council for the oiling of the above named streets.
ZC~IING PROTEST: The City Clerk read a petition signed by a number of property
Owners living East of 5th Avenue urging the Council not tc give favorable co~sideration
to any application which would permit any part of that section to be used for m~ltiple
dwellings. The petition referred specifically to the Sellmon property on the corner
of 5th Ave. and G St. end stated that it would be detrimental to property in that vicin-
ity if any such application were approved.
DivISION OF P~,GHB~AYS ~REPORT: The City Clerk read a report from the District
Engineer of ~e Division of Highways which gave detailed costs for the construction of
curbs and gutters and oiling shoulders along National Ave. from C to E Bt, which work
was done by the Division of Highway. Out of the anticipated cost of tA~O0oO0 there was
a balance of $~.27, this cost being a portion of the ~ gas tax money due to the City of
Chula Vista and which had been acenw.,lated and held by the Division of Highways as per
~NG ~?.L~y ENTi~. GE: The request of Mr. H. S. Delano which rec~mnended that the
City widen the entrance to the alley between Church ahd Del Mar Avenues as it enters
Madrona Street by romeving the sharp parkway projection on the westerly side of said alley
at Madrona was referred to the Street Commissioner. Cl. Howe advised that the San Diego
& A~izona would erect signs on their property at the corner of 3rd Avenue and Madrona if
the City would furnish material for said signs, which would be a very nominal sum. Cl.
Howe was instructed to advise the San Diego & ~.rizona that the City would cooperate to
that extent.
.AI~DITI,ONAL REST RO~._ CITY HALL: Bids from J. O. Whitt, H. D. Johnson and Mark
Skinner for the furnishing and installing of plumbing fixtures in the proposed rest room
at the City Hall were read and it was discovered that the bids were not on identiaal classes
of fixtures. Building Inspector I~vons was instructed to obtain plumbing bids and other
costs necessary for the addition of said rest roo~ and present same to the Council at their
earliest meeting.
THIRD AVE. BAERIC~iDE: Cl. Howe pointed out to the Council the d~ger of using Third
Ave. from D to ~ea Vale St. He recommended that inasmuch as this street had not been widened
sufficiently and grated that it was very hazardous to use, especially during the rainy season,
and recommended that 3rd Ave. at the southerly llne of Sea Vale St. be barricaded to pro-
hibit its use. Upon motion by Cl. Brown, seconded by ~or Done, which carried, the Street
Dep~rtment was instructed to barricade 3rd Ave. as above recommended.
HARBOR LINES 0F ~ DIE ~G~ BAY: The clerk read a letter from Mr. Theodore Wym.~, District
Engineer of the United States Engineer's Office, which stated that his office had been
authorized to review the present harbor lines for the entire San Diego Bay for the purpose
of reecm~ending any changes therein made necessary by developments in the Bay Area since
the lines were established arml that a public hearing will be held in San Diego in April of
this year to permit all interested parties to present and discuss any desired changes.
Two copies of the present harbor line maps were presented for the Council's study and con-
sideration. No action was taken and the letter and maps were filed.
~ CC~72RACTORS' LIOI~SES: Upon motion by Cl. Brown, seconded by 01. Bryant, which
carried, the applicat'i'6ns' of 'U. N. Barkey and E. A. Barrett for cement contractors' licenses
were approved.
SCHOOL_ ~:E~_SE TER~IIATION: Upon motion by Cl. Howe, seconded by Cl. Brown, which carried,
the Mayor was instructed to sign the agreement for termination of lease and surrender of
lease of the ,property recently leased from the Chula Vista Union School District and which
is more particularly described as Portions of Lot 17 of Q~arter Section 1S7.
O. RDII,~NCE NO: 278: Upon motion by Cl. T~w..ons, seconded by Cl. Brown, which carried,
unanimously, Or ,dinance No. 2.78 was placed on its first reading. The Ordinance was read i~
full. This is an ordinance providing for the payment of delinquent taxes without penalty
if paid in full together with the current taxes end which is effective up to May 29, 19S9.
The City Attorney previously had advised that such action would encourage property owners to ~
pay up their delinquent taxes and was desirable in view of the fact that a considerable part
of the delinquent property lies in the Mattoon District, the bonds against which District
have practicality all been obtained. He stated that the Mattoon Co,.~.tttee would probably
notify all the property owners of the Mattoon District of such suspension of penalties and
he was of the opinion that the Board of Supervisors would declare the Mattoon District
liquidated.
Minutes of a regular meeting of City Council, Held ~&bruary 6, 19~9
ORDIN~NGE NO. 269,: Upon motion by Clo Brow~, sedonded by ¢1. Rryaut, which carried,
the action of the City Council of Yanuary 31, 1938 placing Ordinance No. 269 on its
first reading was rescinded, the purpose of this Ordinance being ca~ried 'out by OrdLu-
auce No. 278.
O,P~,,INANCE NO. ~-79: Upon motion by Cl. Bryant, seconded by Clo How~, which carried,
0rdi~anco N~.' 279 was' placed on its first reading. This is an Ordinance instructing
the Police Department to have boulevard stops installed on §th Ave° at the southerl.V line of
St. and on F St. at the easterly line of §th Ave. so that traffic coming from 6th Ave.
east on F St. would have to make a boulevard stop end 5th Ave. traffic going North on
§th Ave. would have to m-We a boulevard stop on F St.
'~'~,~HONE COMPANY'S ~: The City Attorney informed the Council that the
~outherA California Telephone Company had filed suit against the City of 0hula Vista for
a refund of taxes due to over-assessment of property by the State Board of E~lualization
and that this suit is being filed against practically every other city in the State again
this year but action is being held up by the Telephone ComDany until the State Supreme
Court renders a desisio~ on the case now before them. He recommended that he be instructed
to take the same action as heretofore and upon motion by Cl. Howe, seconded by Cl.
which carried, the above reco~aendation was approved~
MATTO(~ BONDS: Cl. Bro~ offered R,,e,~ol, ution No: __5~?, which is a Resolution instruct-
ing ~'h4' City Treasurer to pay to the order of Elmer D. Warnes as Owner of Bonds No. ? and 10
of Chula Vista A & T District No. 1 an emount of $~00.00 now on deposit in the City Treas-
ur7, which sum was collected by the County of Sa~ Diego end paid to the City Treasurer for
the purpose of paying the principal and/or interest of maid Acquisition a~d
Bonds, said sum tO be paid when it has been ascertained that the said bonds have been de-
livered to the County Treasurer and the City Attorney has procured for delivery to the
City Treasurer au acknowledgment of the County T~easurer for obtaining said bonds. The
Resolution was read in full and was passed and adopted by the following vote, to-wit:
Ayes: Cl. Brown, B~yent, Done, Howe and T*mmons. Noes: None. Absent: None.
~T.~. SUBDIVISION: The City Planning Commission at their meeting of Sanuary 16,
1939, recommended to the Council that Nr. Kimball be allowed to put in combination side-
walks aud curbs leaving a ~0 ft. driveway traversing the property from East to ~est in-
stead of a ~0 ft. street as recommended at the meeting of October 17, 1935. They also
recommended that the plat of $ acre Lot 10, Quarter Section L56 as submitted by M~. Kimball
should include the specified combination curb and sidewalks and that it be accepted.
The City Attorney advised that ~Lr. Klm. ball in order to have a Record of Survey Map made
would want to ascertain from the City Council the amount of grading and sUrfacing necessary
to be made by him before the City would a,Sept said streets and upon motion by Cl. Brown,
seconded by Cl. Bryant, which carried, the above reco~zuendation of the City Pl-~-~ng Com-
mission was accepted and Street Commissioner Howe end Street Superintendent Love were in-
structed to investigate the street grading necessary and to make reco~m~endations to the
Council at the next meeting.
Upon motion by Cl. Brown, seconded by Cl. Bryant, which
carried, the following recommendations of the City P~nn~jlg Cow~,fssion were approved:
That ~s. Mabel V. Yokuston be permitted to establish a ~itting ~ud baud-craft studio
in her home at ~81 G Street;
The Planning Cow~tssion members were notified by the City Co~ucil that because of their
official capacity as members of the Planning Commission it would be impossible for any
of them to transact business with the C~ty and as a result of such recommendation M~. Harry
McCrea tendered his resignation and sai~ resignation was transmitted to the City Coumcil
and accepted$
That the Rose Miller tree removal m~tter be referred to the City Attorney and such action
taken as found necessary;
That the City Council use the Lowell tree deposit money to replace the pepper tree as
reso~.~.-uded by the planning Commission at their meeting of September 19, 1938.
No action was taken upon the reco~endation of the Pl-~ning Commission regarding the palm
trees on the ~Oeser property on Gerrett St.
P~;~LIODICAL REPORTS: The monthly report of the City Yudge and of the Fire Department
for Sanuary, 1939 and of the City Treasurer for December, 19~8 and the statement of con-
dition of funds showing the total receipts and disbursements by funds for the six months
period ending December 31, 19~ by the City Auditor were es-mt-ed and ordered filed and
upon motion by Cl. Howe, seconded by Cl. Tirmmons, which carried, the recon~endation of the
Auditor that a part of the petty cash fund be transferred to the Tax Collector for the
purpose of ~.~Wing change was approved°
Minutes of a Regular Meeting of City Council, February 6, 1959
SAE FRANOI~ FAIR_____~ Upon motion by Cl. ~wn, seconded by Cl. HOwe, which
carried, the City Council authorized an appropriation up to $200.00 to the Chula
Vista Chamber of Cc~nerce to assist in financing the display of the City in collab-
oration with the Sen Diego County exhibit to be placed on exhibit at the San Francisco
World's Fair.
BALL ,PARE REHABTLTTATION: Upon motion by Clo Timmons, seconded by Cl. ROwe,
which carried~ the recomendation of Cl. Brown that the City appropriate up to
$250.00 for the cost of putting the Ball Park grounds in condition was approved.
I~0WL CAR: C1, Bryant lnfox~ed the Council that it is going to be necessary to
make quite heavy expenditures on the present prowl car to keep it in good condition
and questioned the advisability at this time of such heavy expenditure when it is
about due to be turned in for a new one. It was decided that the Police Department
should obtain date on the cost of necessary repairs and also on the trade-in allow-
ance and the amount necessary to obtain a new prowl car and the Council would decide
at its next meeting what action to take. Cl. Bryant also recomuended that either
the City Mechanic do the necessary worl; on the new prowl car or the agent from whc~
the new prowl car is to he purchased do the necessary mechanical work.
YAWGER STF~ET.- Mr. E. Yawger presented to the Council a letter written to him
by Mr. 0. F. Weissgerber when he was city engineer and which r4cited that a retaining
wall be erected on the northerly side of the proposed road Mr. Yawger anticipates
deeding to the City and that it should be surfaced and grab!ted. He inquired if this
letter Was authentic and if so if any changes could be m~de by the Council relative
to the retaining wall. After considerable discussion over the desirability of differ-
ent types off walls that the City would approve before acceptance of the street Mayor
Done and Cl. Howe agreed to mske a study of the proposed street and to make a recommen-
dation to the Council at the next meeting.
Cl. Howe was excused at this time.
B.~?.T.~ PAID: Upon motion by Cl. Bryant, seconded by Cl. Brown, which carried,
the following bills after examination by the Finance Comm4ttee were ordered paid$
12320 Raymond Walton County League Dinner $ 72.10
12321 Pay Roll 1-1 to 1-15, 1939 - General- 1060.45
12322 lay Roll 1-1 to 1-15, 1939-Sts. & Sewers 54~.60
12323 S. S. Nickson Refund House Moving Deposit 50°00
12324 ~ Roll 1-16 to 1-31, 1939- General Fund 1133.00
12325 Pa~ Roll 1-16 to 1-31, 39-Sts. & Sewers 621.50
12326 W. S. Adams Engineering services 2?.50
12327 Aeroil B~rner Company, Inc. Red Reflectorstrip 5.36
12328 F. E. Ashcroft, M.D. Examination of prisoners-~anuary 28.00
12329 Gerald L. Baldwin Distillate
12330 Betty Bethge Planning Oo~uission services 2.50
12351 Herbert V. Bryant, Sr. Photos for Police Department 51.00
12332 Chula Vista Lumber Co. Building materials 5.30
12335 Chula Vista Paint & Hdwe. Co. Hardware supplies 13.32
12.534 Chula Vista Star Christmas advertising 2.00
12335 E. W. Dort, Sheriff Prisoner's board County ~ail 4.50
12356 Roy G. Davis Company Sewer supplies
12337 K. E. Erickson Co., Inc. Traffic turning buttons, etc. 22.66
12338 E. B. Fuqua Used Battery charger 15o00
12339 Fuson Garage T~actor repairs .92
12340 %~arren Hatz Fertilizer 12.88
12541 Frazee' s Paint 19.51
12342 Hartwell's Top Shop Truck top repairs 6.30
12343 Hazard-4ould & Co. Hardware supplies 33.17
12544 Holscmb's Herdwame Co. ~rdware supplies 36.11
12345 Homeland Building Co. Dya-,,4ts fuse 1.5~
1234~ League of Cal. Municipalities City Tax O~dinance .50
12547 Hc~e IA~mber Company Cement, Lumber, etc. 1.68
12348 George Kerth Refund of tree deposit 5.00
12~49 Kinmore Electric Co.9 Light bulbs 6.$
12350 Bobby Law Impounding animals in ~anuary 24.25
12351 S. D. Co. Div. League Municipalities, Dues for year 1939 15.00
1~352 Chas. P. Moies, City Treas. % warrants cashed month of Dee.
12353 P. E. May Repairs dump body 3.50
12354 R. V. Morris Compauy Fire Extinguisher recharges 4.0~
12355 National Auto Parts Auto parts §3.00
1~356 National Avenue Printery Printing 12.36
12557 Ps. co Coast Bldg. Officials Co~f. ~peeification Documents 4.12
Minutes of Regular ~eeting of Oity 0ouacil, February 6, 1939
12358 Pacific Signal 0o. Inc., ROad script $ 13.24
12359 Peters Feed Store Coal, fertilizer, etc. 7.57
12360 Pioneer l~Abber Mills Fire Rose & 0ouplings 147.00
12361 The ~adiera Corporation Radio repairs 6,58
12362 Arthur Raistrick Cigars, League Dinner 3.60
1256~ Oi~y Re~olving Fund Miscellaneous bills 12.62
123~4 Richfield 0il Corporation Gasoline & 0il 154.73
12565 Ross Stationery & Equipment 0o. Stationery supplies 18.73
12366 S. D. Oons. Gas & Electric 0cmpany Gas & Light for ~anuary 43?.25
12367 S. D. Sanitor Supply 0Oo Lavatory supplies 4.26
12368 Sanitary Wiping Rag & Waste Co. Waste 6°?0
12369 SecuritY Trust & Savings 1~ Interest paym't, on Tractor 2.9?
12370 ~howley Broso Candy boxes- Christmas 8.?6
12371 Thor S~mpsen Lights for ambulance 5o00
12372 w-~k T. Skianer Water t-~ 10.~0
12373 Southern California Telephone Co. Telephone bills for Yanuary 54.15
12374 ~ohn O. Spencer Refund of tree deposit 5.00
12375 Standard 0il Oompany of California, Diesel fmel
12376 Psul I. Stevens Automobile repairs 31.17
12377 ~ 1 Tholl Automobile repairs 1o 00
12375 Travelers Insurance 0o. G~oup sick & acc. insurance 20.70
12379 Travelers Insurance Co. Group life insurance 25.75
12380 Union 0il Company of California Gasoline 9.35
12351 W. E. Armer, Fire Chief Volunteer fireman's pay roll 49.00
12352 Webb Bros. Ltd., Oxygen & Acetylene 14.72
12~3 ~ulius I~. Weisser Install tires ambulance cot 1.75
12354 Western Metal Supply 0ompany, Hardware supplies 34.49
12355 Bani. F. Wiggintan Rental for Sewing Project 25.00
12356 0alifornia Water & Telephone Company, Water, fire hydrant rental 297.35
12357 Helen M. Scott, 0omm~Auity Nurse Mileage for ~anuary 5.75
AI~0Ut~.h~. ~ Upon motion by 01. Bro~, seconded by Cl. T~wwnons, which carried,
this Council adjourned to Wednesday, February 15, 1939, at 7 o'clock P. M~
City