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HomeMy WebLinkAboutcc min 1959/12/15 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday December 15, 1959 The Council met in the Council Chambers at Ci4~ Hall on the above date at 7:00 PoS, with the following Councilmen present: Councilmen McAllister, McMains, DeGraaf, Menzel Absent: None Also present: City Engineer Floyd, City Attorney Kugler, City Planner Fretz, City Administrator Fulwiler 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 City Council for the adjourned regular meeting of December 15, 1959o Mayor McMains led the pledge of allegiance to the Flag and asked for a moment of prayer iPPOINTMENT OF MEMBER rO COUNCIL Mayor McMains stated that DoRoLawson, 701 Fifth Avenue had submitted his name as a candidate for appointment to the vacancy on the Council created by the resignation of Councilman Smith. A letter was read from Paul Miller, Realtor, recommending Mr. Howard Mo Woodard for appointment to the Council° The name of JoC~Crain had previously been submitted by the Broadway Association. Mayor McMains stated he had talked with Councilman Smith, and urged that he reconsider his resignation and stay on until the end of his term in April, 1960. Sro Smith was agreeable to this. It was moved by Councilman DeGraaf, seconded by Councilman Menzel and carried, that John Smith be appointed to fill the vacancy on the City Council° The motion carried by the following vote, to-wit: AYES: DeGraaf, Menzel, McAllister, McMains Noes: None Absent: None /PUBLIC HEARING- Cunningham Annexation This being the time and place, as advertised, for a hearing on the proposed Cunningham Annexation, Mayor McMains declared the hearing open. No one wishing to be heard, either for or against the annexation and the Clerk having received no written protests, the Mayor declared the hearing closed. ORDINANCE No. 679-Approving Cunningham Annexation-First reading It was moved by Councilman DeGraaf, seconded by Councilman McAllister and carried, that Ordinance NOo 679 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 DeGraaf, Menzel, McAllister, McMains Noes: None Absent: None ~/~UBLIC BEARING - Broadway Annexation No. 1 This being the time and place, as advertised, for a hearing on the proposed Broadway Annexation No. 1, Mayor McMains declared the hearing open° Mr. C.L.Richards~ whose property is not included in the annexation opposed the annexation° No others wishing to be heard either for or against the annexation~ and the Clerk having received no written protests the Mayor declared the hearing closed. ORDINANCE No. 680 - Approving Broadway Annexation No. 1-First reading It was moved by Councilman DeGraaf, seconded by Councilman McAllister and carried, that Ordinance No. 660 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 DeGraaf, Menzel, McAllister, McMains Noes: None Absent: None ~ooEAL OF HALE COMPANY TO DECISION OF PLANNING COMMISSION ON APPLICATION FOR ZONE VARIANCE A report of findings was read from the Planning Commission on the appeal of the Hale Company to the decision of the Planning Commission in denying them a zone variance to erect direction signs to their Halecrest Estates Subdivision. Attorney Albert Boyer, representing the Hale Company, requested that the Council set the matter for public hearing. Mr. Co Co Alley stated the signs were a necessity until the Subdivision is established in order that the public could find the subdivision. It was moved by Councilman McMains, seconded by Councilman Menzel and carried, that January 5, 1960 at 7:00 P.M. be set as the time for a public hearing on the appeal. ~/~ATH OF OFFICE - John A. Smith At this time Mr. John A. Smith subscribed to the oath of office and took his seat at the Council table. HEARING - (conttnued)-Precise zoning of Pylant No. 1 & 2 annexations) ~/PUBLIC This being the time and place, as advertised, for a public hearing on the proposed precise zoning of Pylant No. 1 and 2 annexations, Mayor McMains declared the hearing open. A petition was submitted by Mrs. Tefft, 1071 Del Mar Avenue requesting that her property on the East side of Del Mar Avenue be zoned R-3 instead of the proposed R-2. Mr. Norris speaking for himself and Mr. Dahlene, requested that the R-3 zone extend to the East of Del Mar Avenue on the Northerly lot of the annexation, as proposed by the Planning Commission. Councilman DeGraaf was of the opinion this lot should be left in the R-2 zone. No others wishing to be heard on the proposed zoning, the Mayor declared the hearing closed. At 7:45 P.M. Councilman Menzel was excused from the meeting at this time. ORDINANCE No. -Amending Zoning Ordinance-Pylant No. 1 and 2 annexations In the absence of Councilman Menzel, and in order that Councilman Smith could study the matter, action was held over until the next meeting. /Ot~INANCE Amending Zoning Ordinance-(Lot at Moss & Naples Streets) It was moved by Councilman McAllister, seconded by Councilman DeGraaf and carried, that the application for a change of zone from R-1 to R-3 for a lot at the intersection of Moss and Naples Streets be denied, and the lot left in the R-1 zone° Councilman McAllister suggested that possibly the owner could get together with the Planning Commission or Council to work out a proper use for the property. ORDINANCE No. 673- Amending zoning Ordinance-(Third Avenue and L. St) Second reading It was moved by Councilman McAllister, seconded by Councilman DeGraaf and carried, that Ordinance No. 673 be placed on its second reading; that reading of the text be waived and the Ordinance adopted. The motion carried by the following vote, towit: AYES: Councilmen McAllister, Smith, McMains, DeGraaf Noes: None Absent: Councilman Menzel 2 ORDINANCE NOo 676-Amending Zoning Ordinance (set-back on Do Street) Second reading It was moved by Councilman I)eGraaf, seconded by Councilman Smith and carried, that Ordinance NOo 676 be placed on its second reading; that reading of the text be waived and the ordinance adoptedo The motion carried by the following vote, to-wit: AYES: Councilmen Smith~ McMains, DeGraaf, McAllister Noes: None Absent: Councilman Menzel ORDINANCE No. 677-Amending Zoning Ordinance~Broadway and J~ Street) Second reading It was moved by Councilman Smith, seconded by Councilman McAllister and carried, that Ordinance No. 677 be placed on its second reading; that reading of the text be waived and the ordinance adopted. The motion carried by the following vote, to-wit: AYES: Councilmen Smith, McMains, DeGraaf, McAllister Noes: None Absent: Councilman Menzel ORDINANCE No° 678- Handbill Ordinance-Second reading It was moved by Councilman DeGraaf, seconded by Councilman McAllister and carried, that Ordinance No° 678 be placed on its second reading; that reading of the text be waived and the ordinance adopted. The motion carried by the following vote, to-wit: AYES: Councilmen DeGraaf, McAllister, Smith, McMains Noes: None Absent: Councilman Menzel ORDINANCE No° 681- Adopting Uniform Building Code- First reading It was moved by Councilman McAllister~ seconded by Councilman Smith and carried, that Ordinance No° 681 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 McAllister, Smith, McMains, DeGraaf Noes: None Absent: Councilman ~enzel January 5th at 7:00 P.M. was set as the date for a public hearing on adoption of the Uniform Building Code. ORDINANCE - Use or being under influence of dangerous drugs After discussion, the Clerk was directed to place this ordinance on the agenda for the next meeting. RESOLUTION No. 2359-Giving notice of proposed Borgerding Annexation Offered by Councilman DeGraaf, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen DeGraaf, McAllister, Smith, McMains Noes: None Absent: Councilman Menzel RESOLUTION No. 2360-Giving notice of proposed Pylant No. 4 Annexation Offered by Councilman DeGraaf, passed, adopted and approved by the following vote, to-wit: AYES: Councilman DeGraaf, McAllister, Smith, McMains Noes: None Absent: Councilman Menzel RESOLUTION No. 2361-Approving tentative map of Cindy Park Subdivision Offered by Councilman DeGraaf, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen DeGraaf, ~cAllister, Smith, ~c~ains Noes: None Absent: Councilman Menzel 3 ~/~hateau Heights NCo 2 - Approval of Final Map It was moved by Councilman DeGraaf, seconded by Councilman McMains and carried that the final map and improvement plans of Chateau Heights No0 2 Subdivision be accepted upon the execution by the owner of a contract with the City of Chula Vista for the installation of improvements and the posting of a bond guaranteeing the performance thereof, which contract and bond shall be first approved by the City Attorney as to form and legality. RESOLUTION No. 2362- Approving improvement agreement-Chateau Heights No. 1 Offered by Councilman Smith, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen Smith, McMains, DeGraaf, McAllister Noes: None Absent: Councilman Menzel //~UNTRY CLUB VIEW No. 3 - Final Map It was moved by Councilman DeGraaf, seconded by Councilman McAllister and carried, that the final map of Country Club View NCo 3 be returned to the Planning Commission for further study and recommendations° ~,.,~ROPOSED REZONING - Northeast corner of Third Avenue and Do Street A letter was received from the Planning Commission recommending that property at the Northeast corner of Third Avenue and Do Street be rezoned from R-1 to R-3. January 12th at 7:00 PoS. was set as the time for a public hearing on the proposed rezoningo ~POSED REZONING - Southeast corner of Third Avenue and Street A letter was received from the Planning Commission recommending that property on the Southeast corner of Third Avenue and Do Street be rezoned from R-1 to R-3, January 12th at 7:00 PoS. was the time set for a public hearing on the proposed rezoningo ROPOSED REZONING - K. Street West of Third Avenue A letter was received from the Planning Commission recommending that the property on the South and North sides of KQ Street West of Third Avenue be rezoned from M-1 and R-1 to C-2~ and that a five foot building line along g. Street be establishedQ January lath at 7:00 PoMo was set as the time for a public hearing on the proposed rezoning and set-back. ~/~ROPOSED REZONING - Northeast corner of Fifth Avenue and Davidson St. A letter was read from the Planning Commission recommending that the property at the Northeast corner of Fifth Avenue and Davidson Street be rezoned from R-1 to R-2~ January 5th at 7:00 P.M. was the time set for a public hearing on the proposed rezoning. PROPOSED BUILDING LINE - North side of "L" Street between First Avenue and Country Club Drive A letter was received from the Planning Commission recommending that the building line on the North side of "L" Street between First Ave° and Country Club Drive be established at ten feet° January 19th at 7:00 P.M. was the time set for a public hearing on the proposed building line f,or "L" Street. =~JPROPOSED INTERIM ZONING OF PYLANT No. 3 ANNEXATION A letter was received from the Planning Commission recommending that Pylant Annexation No. 3 be interim zoned R-3. January 19th at 7:00 P.M. was the time set for a public hearing on the proposed interim zoning for Pylant Annexation No. 3° ~ROPOSED PRECISE ZONING FOR PALOMAR ANNEXATION A letter was received from the Planning Commission recommending that the Palomar Annexation be precisely zoned R-3 and C-2o January 19th at 7:00 P.Mo was the time set for a public bearing on the proposed precise zoning for the Palomar Annexation° D AWARDED ON DEMOLITION OF OLD LIBRARY City Administrator Fulwiler recommended that the bid of United Builders in the amount of $1993o for demolition of the old Library build- ing be accepted, and that they be allowed use of the City crane for 1½ days, It was moved by Councilman McAllister, seconded by Councilman Smith, and carried, that the bid for demolition of the old Library be awarded to the United Builders, and that they be allowed use of the City crane for two days. Councilman Menzel returned to the meeting at 9:00 P.M. REKOLUTION No. 2363-Approving agreement with Engineering-Science Sewer consultants Offered by Councilman McAllister, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen McAllister, Smith, McMains, DeGraaf,Menzel Noes: None Absent: None RESOLUTION No. 2364-Approving agreement with Lawrence,Fogg,Florer & Smith Offered by Councilman Smith, passed, adopted and approved by the following vote, to-wit: AYES: Councilmen Smith,McMains,DeGraaf,Menzel,McAllister Noes: None Absent: None ~A~PRovING AppROPRIATION FOR WESLEY MOHR CONTRACT It was moved by Councilman Smith, seconded by Councilman Menzel and carried, that $2400° be appropriated from the unappropriated surplus of the General Fund for payment to Wesley Mohr through Nanuary 31st, and that Mr. Mohr be directed to furnish the Council with a monthly progress report. The motion carried by the following vote, to-wit: AYES: Councilmen Smith,McMains,DeGraaf,Menzel,McAllister Noes: None Absent: None .~J~ECOMMENDED FEE CHANGES FOR RECREATION FACILITIES Recreation Director Jasinek reviewed the recommended fee changes for use of Recreation facilities as submitted to the Council. Action was deferred until the next meeting° RESOLUTION No. 2365- Approving agreement with State for use of Sludge Offered by Councilman Smith, passed, adopted and approved by the following vote, to-wit: AYES: .Councilmen Smith,McMains,DeGraaf,Menzel,McAllister Noes: None Absent: None ~/'~XPRESSION ON DEVELOPMENT OF VISTA SQUARE SHOPPING CENTER A letter was read from Leonard Bo Crane Jr. 629 Beech Avenue expressing his opinion on how the proposed shopping center for Vista Square should be developed° Letter filed. ~/~LEy ~OF THIRD AVENUE BETWEEN MADRONA AND G. STREET Councilman McAllister inquired as to disposition of the alley development back of the La Bella Pizza House on Third Avenue. City Engineer Floyd stated the estimated cost of improving the alley is $33,000. and that owners of property on the alleyway were being informed of the amount, in order that they can determine what they wish to do. ADJOURNMENT - 10:00 P.M. It was moved by Councilman Smith, seconded by Councilman McAllisteY ~:00 P~ and carried, that the meeting adjourn until January 5, 1960 at ~' ~'